UCO BANK Vs. RAM SARUP KAPUR

JUDGEMENT

(1.) THE appeal impugns the judgment and decree, dated 02.04.2012 in CS No.102/2010 (Unique Case ID No.02401C0321682007) of the Court of Additional District Judge (3), North, Tis Hazari Courts, Delhi, of recovery of mesne profits / damages for use and occupation against the appellant bank.

(2.) NOTICE of the appeal was issued and vide ex parte ad -interim order dated 25.07.2012, subject to the appellant bank depositing the entire decretal amount along with interest and costs in this Court within two weeks, the execution of the impugned judgment and decree was stayed. Vide subsequent order dated 30.10.2012, the appeal was admitted for hearing and the earlier ex parte ad -interim order made absolute till the disposal of the appeal. The respondents / plaintiffs filed CM No.1142/2013 for release of the decretal amount deposited by the appellant bank. During the pendency of the said application mediation between the parties was attempted but which was unsuccessful. Thereafter when CM No.1142/2013 was listed for consideration, with the consent of the counsels, the arguments on the appeal itself were heard and judgment reserved; however since the Trial Court file had not been requisitioned till then, the same was called for.

(3.) THE appellant bank contested the suit by filing a written statement and to which a replication was filed by the respondents / plaintiffs; along with the replication an application under Order 12 Rule 6 of the CPC for a decree for ejectment on admissions was also filed.