166 01.5.2018 CO 456 of 2017 West Bengal State Electricity Distribution Company Limited Sevoke Properties Pvt. Ltd. Mr. D. Bera Mr. Debasish Roy Mr. Sujit Shankar Koley ..for the Petitioner Mr. Jayanta Kumar Mitra Mr. Budhadev Ghoshal Ms. Rajashree Roy Mr. U.S. Menon Mr. Abhirup Chakraborty ..for the O.P. Though the challenge here is ostensibly to an order dated September 7, 2016 by which the trial court accepted the Commissioners report as to mesne profits, the petitioner says that the petitioner does not wish to challenge the order on merits but the petitioner has other remedies which have been shut out by the order impugned. It is not in dispute that a decree for eviction was passed which has been challenged in an appeal. The appellate court, however, permitted the proceedings for 2assessing mesne profits to continue notwithstanding the pendency of the appeal against the decree for eviction. In such circumstances, the trial court appointed a Commissioner to go into the mesne profits. The Commissioner ascertained the mesne profits and filed his report. The petitioner herein challenged the report and the objections of the petitioner have been overruled. It is understandable if the petitioner submits that the objections had been improperly brushed aside or the objections had not been looked into or that relevant considerations were not taken into account by the trial court while overruling the petitioners objections. However, the petitioners grievance is somewhat strange and incomprehensible. The petitioner claims that even after the Commissioners report on mesne profits being accepted by the trial court, there is some other forum or remedy available to the petitioner to undo the 3quantum of the mesne profits found to be due. It does not appear that the petitioners understanding of the legal position is appropriate. Once the Commissioners report on mesne profits is accepted by the trial court, a decree would follow and, subject to the remedies available to the judgment-debtor, such decree would be final. In the present case no decree has been passed yet since the appellate order arising out of the eviction decree prohibits the same. Nonetheless the petitioner has challenged the order of the trial court accepting the Commissioners report by way of the present proceedings where nothing on merits has been urged. It does not appear that the petitioner has any further right to question the propriety of the quantum of mesne profits as assessed by the Commissioner and as accepted by the trial court. CO 456 of 2017 is dismissed. There will be no order as to costs.
4 (Sanjib Banerjee, J.)