JOGINDER SHARMA Vs. KULWANT SINGH AND OTHERS

JUDGEMENT

(1.) (Oral) - This petition is filed against the order dated 25.1.2014 by which the evidence of the petitioner has been closed. In short, the plaintiff filed a suit for declaration and possession which was decreed on 22.12.1980 and SLP filed before the Apex Court was also dismissed on 15.1.2010. Respondents filed an execution application in which the present petitioner filed objections on the ground of being in possession as tenant. The Executing Court dismissed the objections against which the petitioner filed an appeal which was allowed by the Appellate Court on 7.8.2013, observing thus:-

(2.) Thereafter, as per the zimini orders reproduced by learned counsel for the petitioner, the case was first taken up on 16.10.2013 and it was adjourned to 1.11.2013. On that date, Joginder Sharma was examined by way of an affidavit but his cross-examination was deferred on the asking of the counsel for respondent. The case was adjourned to 12.11.2013. On that date the local bar abstained from work and no proceedings were recorded on that date for want of counsel for the parties to appear. The case was thus adjourned to 18.11.2013.

(3.) On 18.11.2013 and on 22.11.2013, no witness of the petitioner was present and at last on 25.11.2013, the Court observed:-