VIRENDRA KUMAR MARKANDE Vs. TARSEEM CHAND JAIN

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 12th August, 1998 of the learned Additional District Judge (ADJ), Delhi of dismissal of Suit No.860/1990 filed by the appellant, for recovery of possession of immovable property bearing No.A-199 admeasuring 180 sq. yds. forming part of Majlis Park, Delhi and for recovery of mesne profits.

(2.) Notice of the appeal was issued and accepted by the counsel for the respondents No.1 & 2/caveators; the appellant was directed to take steps for service of the respondents No.3(a) to 3(d) and respondent No.4. The appeal was on 5th July, 1999 admitted for hearing and by subsequent order dated 6th March, 2006, the Trial Court record requisitioned. The appeal was on 18th May, 2009 dismissed in default of appearance of the parties. Applications for restoration and for substitution of the legal heirs of the respondent No.1 were filed along with applications for condonation of delay in applying therefor; the appellant also died during the pendency of the said applications and application for substitution of his legal heir was also filed. Vide order dated 22nd August, 2012, the delays were condoned and the legal heirs of the appellant and of the respondent No.1 substituted.

(3.) The counsel for the legal heirs of the appellant/plaintiff and the counsel for the respondents No.2 & 4 namely Sh. Sat Pal Garg and Smt. Raksh Devi have been heard. The counsel for the respondents No.3(b) to (d) namely Sh. Brij Bhusan, Smt. Kusum and Mrs. Suman, being the legal heirs of the deceased respondent No.3 Smt. Santosh Jain has adopted the arguments of the counsel for the respondents No.2 & 4. None has appeared for the respondent No.3(a) Sh. Suraj who was on 23rd August, 2013 proceeded against ex-parte. The respondents No.3(a) to (d) are also the legal heirs of deceased respondent No.1.