BIND PRAKASH Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS appeal impugns the common judgment and decree dated 8 th January, 2004 of the Court of the Addl. District Judge, Delhi dismissing the Suit No.31/2002 filed by the appellant/plaintiff for redemption of mortgage as well as Suit No.30/2002 filed by the appellant/plaintiff for recovery of possession of immovable property and for damages.

(2.) NOTICE of the appeal was issued. The appeal was admitted for hearing on 27th May, 2008. None has been appearing for the respondents/defendants despite service since 3rd May, 2012. Vide order dated 31 st July, 2013, on which date the counsel for the appellant/plaintiff also had not appeared, the appeal was directed to be listed in the cause list of this Court w.e.f. 1 st August, 2013 with the notation of "Notice of Default to the counsels for the parties". The appeal is being so listed in the cause list of this Court since then. Though the counsel for the appellant/plaintiff has appeared but none appears for the respondents/defendants. It is not deemed necessary to await the respondents/defendants any further and the counsel for the appellant/plaintiff has been heard and the records perused.

(3.) THE appellant/plaintiff filed the suit No.30/2002 in or about January, 2000, for the relief of possession and damages against the respondent/defendant Shri Satbir only, pleading:-