VIRENDER KUMAR SIKKA Vs. JUGINDER ARORA

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree (dated 29th November, 2014 of the Court of Additional District Judge -03 (ADJ) (East), Karkardooma Courts, Delhi in CS No.277/2014 bearing Unique ID No.02402C0158212013) on admission of ejectment of the four legal heirs of the deceased appellant Virender Kumar Sikka from the property No.C -5, ad -measuring 200 sq. yds., opposite Park, situated on Road No.2, Ghazipur Dairy Farm, Ghazipur, Delhi. The suit, insofar as for the reliefs of recovery of rent and mesne profits is pending.

(2.) The appeal came up first before this Court on 27th February, 2015 when, after some hearing the senior counsel then appearing for the appellants confined the relief in the appeal to grant of one years time to the appellants to vacate the property. Notice of the appeal limited to the said aspect was issued and execution stayed. The attempt at amicable settlement however failed and on 15th April, 2015 / 7th May, 2016 the appellant no.2 Anju Sikka appearing for her mother -in -law Kunti Sikka (appellant no.1) and her minor children Simran Sikka and Ashmit Kumar Sikka (appellants no.3&4) stated that she had discharged the advocate earlier appearing for her and was unable to afford another advocate. Accordingly, the Delhi High Court Legal Services Committee was directed to provide a counsel to the appellants.

(3.) The appellants have filed CM No.19398/2016, again seeking stay of execution contending that the appeal will become infructuous if during pendency thereof the appellants are ejected. The said application has come up for the first time today and the counsel for the respondent appears on advance notice. The counsel for the appellants today also states that the appellants are not in a position to pay even the charges for use and occupation of the property to the respondent for future if stay of execution is granted.