LALTA PRASAD Vs. JEEVAN LAL

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 24th December, 2016 in RCA No.13/2016 (ID No.DLSE-01-000398-2014) of the Court of Additional District Judge-06 (South-East)] partly allowing the First Appeal under Section 96 of the CPC preferred by the respondent against the judgment and decree [dated 26th April, 2014 in Civil Suit No.580/2014 (Case ID No.02406C0272112011) of the Court of Civil Judge-01 (South)] of dismissal of suit filed by the respondent/plaintiff for recovery of possession of shop bearing No.9, Block A, Kalkaji Mandir, New Delhi and for rendition of accounts, damages and permanent injunction. The First Appellate Court has held the respondent/plaintiff to be entitled only to a decree for possession and held the respondent/plaintiff to be disentitled to any of the other reliefs.

(2.) This appeal came up first before this Court on 21st April, 2017, when without recording any satisfaction that the same entails any substantial question of law and without framing any substantial question of law, notice thereof was ordered to be issued and operation of the impugned judgment and decree stayed.

(3.) Vide subsequent order dated 8th December, 2017 the appeal was ordered to be listed on 16th March, 2018 for final disposal. None appeared for the appellant on 16th March, 2018. However, instead of dismissing the appeal in default, in the interest of justice, the appeal was posted for 14th September, 2018.