RAJENDER SINGH DABAS Vs. RAMJANO

JUDGEMENT

(1.) This first appeal under Section 96 of the Civil Procedure Code (CPC), 1908 impugns the judgment and decree dated 4th March, 2008 of the learned Additional District Judge (ADJ) of dismissal of Suit No.172/2004 filed by the appellant for specific performance of an Agreement of Sale of immovable property, being land admeasuring four bighas and sixteen biswas situated in Khasra No.117/77 of Village-Kanjhawala, Delhi.

(2.) The appeal was admitted for hearing and vide ex-parte ad interim order dated 23rd May, 2008, the parties directed to maintain status quo as regards title and possession of the subject property. Vide order dated 8th July, 2008 in this appeal, it was clarified that the Khasra number in which the land agreed to be sold was situated was wrongly mentioned in the impugned judgment as 117/77 and 117/7 and the correct Khasra number was 117/17. The earlier ad interim order was made absolute vide order dated 14th March, 2013 and the hearing of the appeal expedited in view of the respondent being a senior citizen. CM No.11257/2013 has been filed by the appellant under Order 41 Rule 27 of CPC.

(3.) The counsel for the appellant has been heard. Though the counsel for the respondent appeared when the counsel for the appellant had opened her arguments but has thereafter failed to appear. Since the Trial Court record is available and the written synopsis of submissions dated 6th April, 2013 of the counsel for the respondent is on record, need is not felt to await the counsel for the respondent any further.