Shiv Narayan Dhingra, J.

1. By way of present petition, the petitioner has assailed an order dated 10th January 2008 passed by the learned ADJ allowing an appeal against an order dated 29th August 2006 of learned Civil Judge.

2. Brief facts relevant for the purpose of deciding this petition are that the respondent's predecessor Daulat Ram, who was allottee of Plot No. 138, had filed a suit for possession against the predecessor of the respondent. A decree of possession was passed in favour of Shri Daulat Ram on 16th December 1982 in respect of one Khokha measuring 8' x 6' existing upon a piece of land measuring 103 sq yards in Village Abadi, Old Roshanpura, Nazafgarh, New Delhi. Against this judgment, an appeal was filed by Shri Kanu, predecessor of present petitioners being RCA No. 87 of 1983. The first appellate court stayed the operation of decree of trial court during pendency of appeal. In the meantime, Mr. Kanu filed an LPA No. 69 of 1980 against an order passed in favour of Mr. Daulat Ram in a Writ Petition No. 878 of 1975. Looking at the pendency of LPA before this Court, the first appellate court adjourned RCA No. 87 of 1983 sine die. The LPA No. 69 of 1980 was dismi