INDIAN BANK Vs. N C JAIN

JUDGEMENT

(1.) The present Regular First Appeal is directed against the judgment and decree dated 17.2.2005 passed by the Additional District Judge, Delhi whereby a preliminary decree of possession under Order 12 Rule 6 of the Civil Procedure Code was passed in favour of the plaintiffs and against the defendant while keeping the suit pending before it for determination of arrears of rent/damages.

(2.) The correctness and legality of the said decree of possession passed by the learned trial court has been questioned on various grounds. 2. Notice of this appeal was issued by the Division Bench of this court vide its order dated 19th September, 2005 limited to the granting of the period for vacating the premises. After the respondents were served and during the course of hearing, the parties had arrived at a mutual agreement and prayed that the appeal could be disposed of in those terms. An undertaking by way of affidavit was filed by the Chief Manager, Indian Bank, Circle Office, World Trade Centre, Babar Road, New Delhi. The relevant part of the same reads as under:- "UNDERTAKING BY WAY OF AFFIDAVIT ON BEHALF OF APPELLANT BANK ? TENANT. I, Joseph Anthuvan, Chief Manager, Indian Bank, Circle Office World Trade

(3.) It has been accepted on behalf of the respondents that they have no objection if the appellant is permitted to vacate the premises by 31st March, 2007 and that the vacation of the premises by the appellant would, in no way, be detrimental to the proceedings pending before the trial court for determination of damages/mesne profits for use and occupation of the premises till that date.