KRISHNA KAUSHIK Vs. SURAJ BHAN

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 24 th January, 1997 of the Court of the Addl. District Judge, Delhi of dismissal of Suit No.806/1994 filed by the appellant/plaintiff for recovery of possession of property on land ad measuring 70 sq. yds. out of ,,2028, Village Pilanji, Kotla Mubarakpur, New Delhi and for recovery of mesne profits/damages for use and occupation.

(2.) THE appeal was admitted for hearing. Vide interim order dated 5 th March, 1998 the respondent/defendant was restrained from creating any third party interest in the property. The said order was on 13 th August, 1998 made absolute till the disposal of the appeal; it was further ordered that the respondent/defendant will not raise any construction on the suit property. The appeal was dismissed in default of appearance of the appellant/plaintiff on 3rd December, 2009 but was on application of the appellant/plaintiff restored. On 25th August, 2010 it was reported that the respondent/defendant had died. The appellant/plaintiff did not take any steps for bringing on record the legal representatives of the respondent/defendant and again stopped appearing and the appeal was again dismissed as abated on 20th July, 2011. The application filed for restoration was also dismissed on 9 th May, 2012 since the appellant/plaintiff by then had also not taken steps for impleadment of the legal representatives of the respondent/defendant. Thereafter applications for setting aside of the abatement and for impleadment of the legal representative of the respondent/defendant and for restoration of the appeal and for condonation of delay in applying therefor were filed and allowed on 11th July, 2013 on the condition of the appellant/plaintiff paying costs and the appellant/plaintiff arguing the appeal on merits on the next date. The costs imposed are reported to have been paid.

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