(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: -