CHANAN KAUR Vs. AJIT SINGH

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 30th September, 1997 [of the Court of Additional District Judge (ADJ), Delhi in RCS No.63/1992 (Old No.69/1984)] in favour of respondent/plaintiff and against the appellants/defendants for recovery of possession of a portion of the ground floor of house No.L-59, Kalkaji, New Delhi.

(2.) The appeal was admitted for hearing and the counsel for the respondent/plaintiff made a statement that the respondent/plaintiff will not execute the decree. Vide further interim order dated 13th July, 2006, the appellants/defendants were restrained from carrying out any construction or repair work in the property without the leave of the Court. Vide subsequent order dated 26th April, 2007, the appellant was directed to maintain status quo in regard to construction. Attempts for settlement were made but remained unsuccessful. The respondent/plaintiff died during the pendency of the appeal and his legal heirs were substituted. The appellants/defendants filed applications under Order 41 Rule 27 of the Civil Procedure Code (CPC), 1908 but which were dismissed vide order dated 18th August, 2011. The counsels have been heard on 12th August, 2013, 21st August, 2013, 2nd September, 2013 and 3rd September, 2013.

(3.) The deceased respondent/plaintiff filed the suit from which this appeal arises, for recovery of possession of part of the ground floor of property No.L-59, Kalkaji, New Delhi, pleading: