P.K. SHARMA Vs. KAMLESH SHARMA

JUDGEMENT

(1.) THIS appeal is preferred under Clause 10 of the Letters Patent against the order dated 18.03.2014 passed by the learned Single Judge disposing of an application for stay filed by the respondents herein pending RFA No. 562/2011.

(2.) THE appellant, Prof. P.K. Sharma is the plaintiff in Suit No. 30/2007 filed before ADJ, Delhi seeking a decree for possession of the suit schedule property, i.e., Flat bearing No. 271, 3rd Floor, Pocket -2, Sector -23, Rohini, Delhi as well as mesne profits. By judgment and decree dated 20.05.2011, the suit was decreed to the extent of possession of the suit schedule property. However, the claim for mesne profits was dismissed. The counter claim made by the defendants for specific performance against the plaintiff directing him to execute a sale deed in respect of the suit schedule property was also dismissed.

(3.) THE said order dated 18.03.2014 is assailed before us by the plaintiff/decree holder contending inter alia that the learned Single Judge ought to have dismissed the application for stay as infructuous since the possession of the suit schedule property had already been delivered to him. Placing reliance upon the judgment in National Institute of Mental Health & Neuro Sciences Vs. C. Parameshwara, : AIR 2005 SC 242, it is further contended that the order passed by the learned Single Judge cannot be traced even to the inherent powers conferred under Section 151 of CPC.