MAI CHAND Vs. RAMPAL (DECEASED) THROUGH LRS

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 30th October, 2017 in RCA No.1127/16 of the Court of the Senior Civil Judge (Central)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 5th February 2004 in Suit No.240/1992 of the Court of Civil Judge, Delhi] allowing the suit of the respondent/plaintiff and injuncting the appellant/defendant from interfering with the possession of the respondent/plaintiff of agricultural land ad measuring 4 bighas bearing Khasra No.27/15 min in Khata Khatoni No.680 min 527 min situated within the Revenue Estate of village Dichaun Kalan, Delhi and from dispossessing the respondent/plaintiff from the said land.

(2.) This appeal filed on 16th March, 2018 came up first before this Court on 9th April, 2018, when on request of the counsel for the appellant/defendant, it was adjourned to 25th September, 2018. On 25th September, 2018 again, request for adjournment by six weeks was made by the counsel for the appellant/defendant. Observing, that the appellant/his counsel, if not ready to address arguments, ought not to have preferred this appeal, last opportunity was given to the appellant/defendant to address arguments on admissibility of the appeal today.

(3.) The counsel for the appellant/defendant has been heard and the copies of the Trial Court record annexed to the memorandum of appeal perused.