GOPI CHAND Vs. GEETA DEVI

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 29th April, 2015 in RCA No. 50/2011 of the Court of Additional District Judge-01 (West)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 21st July, 2011 in Suit No. 927/2006 of the Court of Civil Judge (West)-2] of dismissal of suit filed by the appellant for (i) declaration that the appellant is entitled to 1/4th share in property bearing no. B-532 Madipur, JJ Colony, New Delhi - 110063; (ii) partition of the aforesaid property and separation of 1/4th share of the appellant; and (iii) injunction, restraining the respondents/defendants from alienating any portion or otherwise creating third party interest in the said property.

(2.) This Second Appeal came up first before this Court on 17th November, 2015 and thereafter on 12th January, 2016, 8th February, 2016 and 9th February, 2016 when notice hereof was issued, but without indicating/recording the substantial question of law which arose for adjudication. The order dated 28th September, 2016 records that the respondents had been served, and vide the same order, trial court record was also ordered to be requisitioned. The appeal was thereafter adjourned from time to time but the orders of none of the said dates also record the substantial question of law, which is the sine qua non to the maintainability of the Second Appeal, arising for consideration herein.

(3.) The appeal came up before the undersigned on 13th July, 2018 when the counsels were heard and the trial court and first appellate court record received perused. However the judgment intended to be dictated in open Court on the same day remained to be dictated as I was called to the Full Bench and the matter adjourned to 16th July, 2018. However while so adjourning, it was recorded 'even otherwise, it appears that the appeal is entitled to be allowed and the counsel for the respondents is granted an opportunity to by the next date, consider the possibility of settlement'. On 16th July, 2018, the following order was passed: