- (1.) Pursuant to the order passed by this Court on 26th August, 2015, possession of the suit premises in terms of the Court's order dated 26th August, 2015 has been handed over by the defendants/respondents to the plaintiff/appellant (landlord) on 5th September, 2015 at 11 a.m. in the presence of the learned Joint Special Officers appointed by this Court. The occupational charges including mesne profit amounting to Rs.3,00,000/- (rupees three lakh only) have also been paid by the defendants/respondents to the plaintiffs/appellants in terms of the Court's order dated 26th August, 2015. Factum of delivery of such possession of the suit premises and payment of such damages including arrear rent by the defendants/respondents to the plaintiffs/appellants, have also been recorded in the report of the learned Joint Special Officers.
(2.) We are informed by the learned counsel appearing for the parties that the parties have also withdrawn their respective suits filed by them against each other from the court below.
(3.) The learned advocate appearing for the appellants informs this Court that an appeal being F.A. 130 of 2012 arising out of a decree passed by the learned Trial Judge in Title Suit No. 29 of 2009 filed by his clients is still pending before this Court. On the request made by him, we dismiss the said appeal being F.A. 130 of 2012 for non-prosecution by treating the said appeal as on the day's list. Since the disputes between the parties have already been resolved in the manner as aforesaid, we do not feel any necessity for keeping this appeal pending anymore. The appeal is thus disposed of.;