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F.A.No.548 of 2011
16.09.2011
Shri Abhijeet Thakur, Counsel for the appellants.
Shri K.N. Agrawal, Counsel for respondent.
I.A.8152/11 : For condonation of delay.
There is delay of 37 days in filing this appeal.
Considering the period of delay, reasons assigned in the
application which is supported by an affidavit, we find it
appropriate to condone the delay. Accordingly, delay in filing
this appeal is condoned.
Heard on admission.
Admit.
Notice on behalf of respondent is accepted by Shri
Agrawal.
I.A.8151/11 : under Order 39 Rule 1 & 2 CPC.
There is decree of eviction against the appellant.
Learned counsel for the appellant submitted that in fact
the possession of the accommodation was already handed over
to the respondent on 31.7.2000 but inspite of this a decree for
possession and rent, mesne profit has been passed against the
appellant. It is submitted that execution of the aforesaid
judgment and decree may be stayed.
Shri Agrawal prays for time to file reply.
Prayer is allowed.
So far as the possession part is concerned, if the
respondent is not in possession, she may take possession of the
suit property through process of the Court. So far as the decree
of recovery of mesne profit is concerned, it is directed that the
appellant shall deposit the decreetal amount in TDR in its own
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F.A.No.548 of 2011
16.09.2011
Bank initially for a period of one year in a beneficiary interest
paying scheme which shall be extendable for a further period if
this appeal is not heard and decided within the aforesaid period.
In respect of release of the aforesaid amount, appropriate
orders shall be passed after hearing the other side.
Appellant to serve copy of memo of appeal and
I.A.8151/11 to the respondent during the course of the day
against acknowledgment.
C.C.as per rules.
(Krishn Kumar Lahoti) (Smt. Vimla Jain)
JUDGE JUDGE
vj
