ZILE SINGH Vs. BHIM SINGH & ORS

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 25th November, 2011 in RCA No.210/00 of the Court of Senior Civil Judge (Central)] partly allowing the First Appeal preferred by the respondents/plaintiffs against the judgment and decree [dated 30th May, 2000 in Suit No.M-41/90 of the Court of Civil Judge, Delhi] of dismissal of the suit filed by the respondents/plaintiffs.

(2.) The appeal came up first before this Court on 27th January, 2012 when albeit without expressing 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 parties directed to maintain status quo with respect to the property subject matter of the suit from which this appeal arises. The said interim order has continued till now and the appeal has been pending since then. Vide order dated 26th September, 2014, the appeal was dismissed in default of appearance of the appellant/defendant but on application of the appellant/defendant on 24th October, 2016 was restored to its original position and since then is again being adjourned. Resultantly, notwithstanding this Second Appeal pending for the last six years, the substantial question of law if any entailed in this appeal has not been framed as yet.

(3.) The counsel for the respondents/plaintiffs, on enquiry fairly states that substantial question of law does indeed arise in this appeal.