ABBOT INDIA LTD. Vs. RAJINDER MOHINDRA

JUDGEMENT

(1.) The appeal impugns the judgment and decree (dated 21st April, 2012 of the Court of the Additional District Judge (ADJ) (Central)-12, Tis Hazari Courts, Delhi in CS No.39/2004 (Unique Case ID No.02401C60492004) filed by the two respondents/plaintiffs against the appellant/defendant) on admissions of ejectment of the appellant/defendant, after determination of tenancy, from property No.E-44/10, Okhla Industrial Area, Phase-II, New Delhi-110020.

(2.) The appeal is accompanied with an application for condonation of 285 days delay in filing thereof. Notice only of the application for condonation of delay was issued and the counsel for the respondents/plaintiffs has filed reply thereto. On 11th July, 2013, while adjourning hearing on the application on request of the counsel for the appellant/defendant, the counsels were asked to, subject to the outcome of the application for condonation of delay, also come prepared for arguments on the merits of the appeal. Since the enquiry into mesne profits/damages was then still underway before the Trial Court and by requisitioning the Trial Court record the said enquiry would have got stalled, on the statement of the counsel for the appellant/defendant that the copies of the entire Trial Court record had been filed and giving liberty to the counsel for the respondents/plaintiffs to file copies of any other document on Trial Court record, the matter was adjourned.

(3.) On the next date i.e. 24th September, 2013, following order was passed: