OM PRAKASH Vs. SHANTI SWAROOP

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 24.07.2004 of the Court of Additional District Judge, Delhi of dismissal of suit No.621/2001 filed by the appellant / plaintiff inter alia for partition of property No.OIV/19, Lajpat Nagar, New Delhi.

(2.) Notice of the appeal was issued and the Trial Court record requisitioned. The appeal was admitted for hearing on 12.09.2006 and vide interim order of the same date, the parties were directed to maintain status quo as regards possession and title of the suit property. The respondent / defendant died during the pendency of the appeal and vide order dated 16.03.2012 his widow and son were substituted in his place. The widow of the deceased respondent / defendant has also since died and now this appeal is being contested by the son only of the deceased respondent / defendant. The counsel for the appellant / plaintiff was heard yesterday when none appeared for the respondent / defendant. Accordingly, the counsel for the respondent / defendant was telephonically contacted and has appeared today and the counsels have been heard further.

(3.) The appellant / plaintiff filed the suit from which this appeal arises pleading: