GOVINDAN SOMAN Vs. ATAM PRAKASH MALIK & ANR.

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant challenging the Judgment of the First Appellate Court dated 1.9.2012, whereby the first appellate court has decreed the suit for possession and mesne profits filed by the respondents/plaintiffs with respect to the suit property being the first floor of property no.27, Sewa Nagar Market, New Delhi. The suit was filed around 19 years back on 8.10.1997. The suit was dismissed by the Trial Court vide Judgment dated 29.1.2010. The first appeal of the respondents/plaintiffs was successful as the impugned judgment decrees the suit for possession and mesne profits.

(2.) On 19.7.2016, this matter was specifically listed for today for disposal of the appeal. The Order dated 19.7.2016 reads as under: -

(3.) Counsel for the appellant/defendant has requested for an adjournment but counsel for the respondents/plaintiffs has vehemently opposed the adjournment on the ground that for 19 years litigation has been continuing and the appellant/defendant is illegally sitting in the property of the respondents/plaintiffs, and therefore respondents/plaintiffs seek an end to the litigation. On account of the vehement opposition of the respondents/plaintiffs, I have declined the adjournment and have heard the arguments.