VINOD KUMAR SHARMA Vs. VIRENDER KUMAR SHARMA

JUDGEMENT

(1.) THE appeal impugns the ex parte judgment and decree dated 13th November, 2013 of the Court of the Addl. District Judge -06 (West), Tis Hazari Courts, Delhi of specific performance against the appellants, directing the appellant no.1 to execute the Sale Deed/Relinquishment Deed in favour of the respondent/plaintiff in respect of property No.C -25, New Krishna Park,Dhauli Piau, New Delhi - 110 018.

(2.) THE appeal came up for admission/hearing, first on 18th December, 2013 when the counsel for the respondent/plaintiff being on caveat appeared. Though this is a first appeal but considering the nature of the controversy and since copies of the entire relevant Trial Court record had been filed with the Memorandum of Appeal, with the consent of the counsels the appeal was finally heard and judgment reserved. However by way of abundant caution the Trial Court record and the file of W.P.(Crl.) No.272/2008 referred to in the impugned judgment was also requisitioned. The counsels during the hearing also referred to two other criminal writ petitions which were also pending along with W.P.(Crl.) No.272/2008. The counsels were directed to furnish particulars thereof. The counsels informed the numbers of the said writ petitions to be W.P.(Crl.) No.269/2008 and W.P.(Crl.) No.271/2008. The record thereof has also been requisitioned.

(3.) THE appellants failed to appear in the suit despite service and were proceeded against ex parte. The respondent/plaintiff in his ex parte evidence, besides himself examined Shri Sandeep Gaur son of his deceased brother as well as the Clerk from the Record Room of this Court to prove the certified copy of the affidavit filed in W.P.(Crl.) No.272/2008.