[Civil Appeal No. 1684 of 2016 @ Special Leave Petition (C) 22141 of 2013]. There are two suits filed by the respective parties and pending before the Tis Hazari Courts at Delhi. Civil Suit No. 43 of 2009 was filed by the respondents herein for declaration and injunction in respect of the plaint schedule property. In respect of very same property, the appellant herein also filed a suit seeking permanent injunction and that suit has been numbered as Civil Suit No. 44 of 2009. The suits were consolidated on 26.09.2005. Much before that, evidence in Civil Suit No. 44 of 2009 had commenced and the appellant herein had been examined as PW1 and the respondents herein had cross-examined PW1 as well. That evidence was closed on 16.04.2005. After the consolidation of the two suits, the respondents herein filed an application on 13.04.2010. We shall extract the averments made in the said application as under:-
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