My father had filed suit for partition in the year 1988.Judgement passed by trial court ordering partition of Sch A,B,C lands leaving Sch D lands.Sch ABC lands are 90% of properties and most of the properties are in posession of defendants.There was no specific prayer for mesne profits or appointment of receiver by pliantiff's adv.then.
Defendants went for appeal at district Court ,and so do my father(late) as advised by his advocate.It was heard in district court in 1993 ,the case remanded to lower court for retrial on framing two ssues (1)If there was earlier partition or not(2) Whether Sch D land are put in Common hotch potch or not.
The defendants went for two Misc.appeal before High Court of Orissa challenging remand order and it is pending since then.My father passed in 2001.The defendants did not substitue LR against my father the sole plaintiff.
My advocate at High Court tells only one thing thousands of cases pending what can be done?I asked him to file for Mesne profits from the institution of suit from Judgement debtors or appointment of receiver but he tells yes but does nothing.I have read CPC etc .O40R1 pertains same it seems there is clearprovisions.I am thinking now to proceed the case myself but I stay 1200 kms from Cuttack,high Court of Orissa.Can somebody advise me what to do ?How to draft Misc.Case for Mesne profits.I need format of drafting and how to file and proceed at High court.will somebody help me?I have read so many stuffs of law including some citations on these matters.
Thanks
In my opinion, it is better to file an appliaction for receiver to receive the rents.
