JAI GOPAL SETHI Vs. SANJAY SABHARWAL

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 26.10.2004 of the Court of Additional District Judge (ADJ), Delhi of dismissal of suit No.322/2001 filed by the appellant for recovery of possession of flat No.166, Block No.C-2C, Pocket-II, Pankha Road Residential Scheme (now known as Janakpuri, New Delhi) and for injunction and recovery of mesne profits.

(2.) Notice of the appeal was issued and vide ex parte ad-interim order dated 09.03.2005, the parties were directed to maintain status quo with regard to the nature, title and possession of the subject flat. On 01.09.2006 the appeal was admitted for hearing and during the pendency thereof, the respondent was restrained from alienating, encumbering or parting with possession of the subject flat. The counsel for the appellant and the counsel for the respondents No.3&4 have been heard. None appears for the respondents No.1&2 who are proceeded against ex parte.

(3.) The appellant, on 03.12.1993 instituted the suit from which this appeal arises, pleading: