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2017 (3) TMI 335 - HC - Indian LawsMesne profit tendered to the respondents/plaintiffs - whether the said amount had been tendered without prejudice to the rights of the appellants/defendants to file/pursue the present appeal? - Held that: - appellants/defendants states that he has obtained instructions from the department and filed copies of the orders passed in Ex.No. 125045/2016 which reveal that the decretal amount was tendered by an officer of the appellants/defendants to the authorised representative of the respondents/plaintiffs on 18.11.2016 in the execution petition which was disposed of. At the time of tendering the decretal amount, the appellants/defendants did not reserve their right to pursue the present appeal that was filed on 27.10.2016, but remained under objections and was re-filed on six occasions, only to be listed before the Court on 19.12.2016. By the said date, the decretal amount had already been paid to the respondents/plaintiffs - appeal dismissed.
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