LAWS(DLH)-2018-7-611

ANOOP KUMAR AGGARWAL Vs. SHANTI SARUP CHOWHAN (DECEASED)

Decided On July 10, 2018
Anoop Kumar Aggarwal Appellant
V/S
Shanti Sarup Chowhan (Deceased) Respondents

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 06th March, 2017 in RCA No.61359/2016 of the Court of Additional District & Sessions Judge, Central, Tis Hazari, Delhi] of dismissal of first appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree dated [14th February, 2014 in CS No.596/10/97 (Unique Case ID No.02401C0093482002)] of dismissal of the suit filed by the appellant/plaintiff against the predecessor of the respondents/defendants for recovery of possession of immovable property with mesne profits.

(2.) This appeal came up before this Court first on 205.2017, when notice thereof was ordered to be issued and Trial Court Record requisitioned.

(3.) The order dated 10.10.2017 records that the respondents No.3 & 5 namely Shri Virender Kumar Chowhan and Smt Meenakshi Chowhan had expired. The appellant filed CM No.5492/2018 for a direction to the remaining respondents to furnish the particulars of the heirs of the deceased respondents No.3 & 5. Vide order dated 20.02.2018, the said application was allowed and the remaining respondents were directed to furnish the particulars.