TMI Blog2017 (3) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 righ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jendra Place, New Delhi-110008. 2. During the pendency of the aforesaid suit, the appellants/defendants had handed over vacant peaceful possession of the suit property to the respondents/plaintiffs in the October, 2010, which date was however disputed by the other side before the trial court. This left the dispute with regard to the arrears of rent/mesne profits. 3. Under the impugned judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffs in the execution proceedings filed against them, it was enquired as to whether the said amount had been tendered without prejudice to the rights of the appellants/defendants to file/pursue the present appeal. Learned counsel for the appellants/defendants had stated that he may be permitted to verify the correct position from the department. At the request of the counsel for the appellant, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y been paid to the respondents/plaintiffs. 7. In the above circumstances, the appeal is disposed of as infructuous, alongwith the pending applications. 8. Learned counsel for the appellants/defendants requests that as the appeal has been is disposed of as infructuous at the stage of admission itself, the court fees affixed thereon may be refunded. 9. The Registry is directed to issue a ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
