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Appeal Dismissed as Infructuous Due to Payment of Decretal Amount The appeal challenging the trial court's decision in a suit for possession, injunction, arrears of rent, and mesne profit was disposed of as infructuous ...
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Appeal Dismissed as Infructuous Due to Payment of Decretal Amount
The appeal challenging the trial court's decision in a suit for possession, injunction, arrears of rent, and mesne profit was disposed of as infructuous after the decretal amount was paid to the respondents. The appellants sought condonation for a delay in filing the appeal but had already tendered the mesne profits to the plaintiffs during execution proceedings without reserving their right to pursue the appeal. Consequently, the court ordered a refund of court fees amounting to Rs. 16,000 to the appellants, bringing an end to the legal proceedings regarding the appeal against the trial court's judgment and decree.
Issues: - Appeal against judgment and decree in a suit for possession, injunction, arrears of rent, and mesne profit. - Dispute over possession date and arrears of rent/mesne profits. - Award of mesne profit, maintenance charges, and costs by the trial court. - Application for condonation of delay in filing the appeal. - Verification of tendered amount and pursuit of the present appeal. - Disposal of appeal as infructuous due to payment of decretal amount. - Refund of court fees for the disposed appeal.
Analysis: The judgment concerns an appeal challenging a trial court's decision favoring the plaintiffs in a suit involving possession, injunction, arrears of rent, and mesne profit related to a specific property. The appellants disputed the possession date and arrears of rent/mesne profits during the suit. The trial court had awarded mesne profit to the plaintiffs and directed the defendants to account for maintenance charges paid to the Building Maintenance Agency, along with costs of the suit. The appellants filed an appeal against this judgment, seeking condonation of a 176-day delay in filing the appeal.
During the proceedings, the appellants informed the court that the mesne profits awarded by the trial court had already been tendered to the plaintiffs during execution proceedings. The appellants did not reserve their right to pursue the appeal when making the payment. Subsequently, the appeal was deemed infructuous due to the payment of the decretal amount to the respondents. The court disposed of the appeal along with pending applications based on this information.
As a result of the appeal being disposed of as infructuous at the admission stage, the appellants requested a refund of the court fees affixed to the appeal. The court directed the Registry to issue a certificate in favor of the appellant for the refund of court fees amounting to Rs. 16,000. This marked the conclusion of the legal proceedings related to the appeal against the trial court's judgment and decree in the suit for possession and related claims.
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