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2017 (3) TMI 335
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....dents : None ORDER 1. The appellants/defendants have assailed the judgment and decree dated 10.12.2015 passed by the learned trial court in favour of the respondents/plaintiffs in a suit for possession, permanent injunction, arrears of rent and mesne profit etc. in respect of flat No. 312A, 8, Deep Shikha Building, Rajendra Place, New Delhi-110008. 2. During the pendency of the aforesaid ....
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....he present appeal along with an application for seeking condonation of delay of 176 days in filing the appeal. 5. Having regard to the submission made by learned counsel for the appellant on 19.12.2016 to the effect that the mesne profits, as awarded by the trial court had already been tendered to the respondents/plaintiffs in the execution proceedings filed against them, it was enquired as to ....
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....f. 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. 7. In the above circumstances....