Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 17th November, 2006 of the Court of Additional District Judge (ADJ), Delhi in Suit No.342/2003 filed by the respondent/plaintiff. By the said decree, the appellant/defendant has been directed to hand over the possession to the respondent/plaintiff of the portion of the property beyond the premises in her tenancy comprising of two rooms, kitchen and open space and the appellant/defendant has also been restrained from raising any construction over the property.

2. Notice of the appeal was issued and vide ex-parte ad-interim order dated 26th April, 2007, the execution of the decree stayed, subject to the appellant/defendant maintaining status quo qua possession and construction of the suit property. The appeal was on 19th September, 2007 admitted to hearing and the ad interim order confirmed. The respondent/plaintiff died during the pendency of the appeal and vide order dated 9th July, 2010, his legal heirs were substituted. One Mr. Satish Mehra, paternal uncle of the deceased respondent applied for impleadment as a party in the present appeal and which application was allowed vide order dated 9th Ju