IMARTI DEVI Vs. PARAS RAM

JUDGEMENT

(1.) THE petitioners have challenged the order dated 6th February, 2012 passed by the learned Civil Judge (West) III, Delhi in Suit No.345/2011 whereby the application of the petitioners (legal representatives of the deceased defendant/Judgment -debtor Om Prakash) under Section 151 CPC was disposed of which was filed by the petitioners for disposal of the pending application under Sections 144 & 151 CPC which was not decided rather the matter was fixed for evidence.

(2.) THE facts of the matter are that the respondents/plaintiffs filed a suit against the original defendant Om Prakash for possession in regard to a part of the premises bearing No.B -1/2, Sidharth Basti, Bhagwan Nagar, New Delhi. The respondents obtained an ex parte decree dated 25th November, 1995 against said Om Prakash and had also taken the possession of the said premises on 20th April, 1996. However, the said ex parte decree was set - aside in an appeal filed by the petitioners by order dated 11th April, 2007. The respondents filed a Regular Second Appeal being RSA No.2001/2007 against the said order dated 11th April, 2007. The said appeal was dismissed by this Court by order dated 11th August, 2009. The said order passed by this Court was not challenged by the respondents and the same has become final between the parties.

(3.) REPLY to this application was filed by the respondents who contended that after passing of the decree, the respondents had removed the intervening wall between the suit shop and the adjoining shop of respondent No.1. Therefore, when the suit shop is admittedly not in existence at all, how the possession of the non -existent suit premises can be restituted/restored to the petitioners.