IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO 7305 OF 2008 Maratha Prakashan Pvt Ltd .. Petitioners V/s. Sanjay Harischandra Vanarase .. Respondent Mr. H.S. Venegavkar for Petitioners Mr. V.S. Kapse for the Respondent CORAM : A.M. KHANWILKAR, J DATE : 06th February, 2009. P.C.: 1. Heard counsel for the parties. 2. According to the Petitioner, on conjoint reading of Order 20, Rule 12 of Civil P.C. And Section 8 of Bombay City Civil Court Act 1948, any enquiry to ascertain the mesne profit should necessarily be done by the Registrar of City Civil Court. This argument has been rightly rejected by the Court below on the finding that primarily it is for the executing Court to enquire into the issue of mesne profits and that power cannot be delegated to the Registrar. To get over this position, the counsel for the Petitioner relies on Section 8 of Bombay 1 City Civil Court Act. However, there is nothing in the said Section which expressly permits delegation of powers to conduct enquiry to determine mesne profits in favour of the Registrar of the City Civil Court. In absence of express provision allowing delegation of such powers, it cannot be assumed that the Registrar of the City Civil Court is competent to undertake inquiry regarding determination of mesne profits which power is vested in the Court in terms of Order 20, Rule 12 of CPC/ 3. The limited relief that can be granted to the petitioner is to refer the subject application presented by the petitioner to the executing court which in turn shall proceed on the assumption that the same has been presented before it on the day when the same was filed before the Registrar and proceed in accordance with law. 4. Disposed of on the above terms. (A.M. KHANWILKAR, J) 2