PREM PRAKASH CHAUHAN Vs. RAMESH CHANDER CHAWLA

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 17 th January, 2005 of the Court of Additional District Judge (ADJ), Delhi of dismissal of Suit No.210/2003 filed by the appellant/plaintiff for specific performance of an Agreement of Sale of immovable property and ancillary reliefs.

(2.) NOTICE of the appeal was issued and vide ex -parte ad -interim order dated 27th January, 2005 the respondents/defendants were directed to maintain status quo with regard to the nature, title and possession of the suit property being basement floor of property No.C -47, Lawrence Road, Industrial Area, Delhi. The appeal was on 23rd August, 2006 admitted for hearing. There is no order confirming or vacating the interim order and the same is thus deemed to have continued till today. None appeared for the respondents/defendants when the appeal came up for hearing on 1st July, 2013. It was as such directed to be listed thereafter with notation in the cause list of this Court of 'notice of default to the counsel for the respondents/defendants'. The matter is so listed since then, none has appeared for the respondents/defendants thereafter also. Need is not felt to await the respondents/defendants any further, the respondents having been duly served with notice of the appeal and having entered appearance earlier. The counsel for the appellant/plaintiff has handed over note of arguments which and the Trial Court record have been perused.

(3.) THE respondent/defendant No.1 in his written statement, pleaded: