SUNIL KAPOOR Vs. HIMMAT SINGH & ORS

JUDGEMENT

(1.) This First Appeal under Section 96 of the Code of Civil Procedure Code, 1908 (CPC) impugns the judgment and decree [dated 24th December, 2016 in Suit No.193/16/04 (Unique Case ID No.02406C0024022016) of the Court of Additional District Judge-04, South-East] of dismissal of the suit filed by the appellant / plaintiff for specific performance of an Agreement of Sale of property described as first floor of house No.N-246, Greater Kailash, Part-I, New Delhi.

(2.) This appeal came up first before this Court on 15th March, 2017 when the counsel for the respondents / defendants appeared on caveat. The appeal, on 14th December, 2017 was admitted for hearing. Mediation, to which the parties were referred, remained unsuccessful. On 2nd August, 2018, finding that the appellant / plaintiff, in possession of the property agreed to be sold, admittedly inducted as a tenant therein, was wanting to keep this appeal pending to perpetuate his possession of the premises, last opportunity was given to the appellant / plaintiff to argue the appeal on 29th August, 2018. However, on 29th August, 2018 also the appellant / plaintiff was not willing to argue the appeal and wanting to keep the appeal pending. Resultantly, the interim arrangement recorded in the order dated 14th May, 2018 was vacated and the appeal ordered to be listed in the category of "Regulars" and respondents / defendants permitted to recover possession in pursuance to a decree for ejectment in a separate proceeding in their favour. However, upon the counsel for the appellant / plaintiff on the same day subsequently mentioning the matter and assuring that he will argue the appeal on the next date, the appeal was posted for hearing today.

(3.) The respondents / defendants have not recovered possession as yet.