Mukta Gupta, J.

1. The Petitioner Inder Kumar Gupta filed a suit for possession, permanent and mandatory injunction and for recovery of damages against his brother Sumer Chand Gupta being Suit No. 72/06/96 before the learned Civil Judge which was decided in favour of the Petitioner/Plaintiff on 12th March, 2008. By the judgment and decree it was held that the Petitioner/Plaintiff was entitled to possession of the suit property, that is, 7609/2, Prem Nagar, Delhi-110007 and the Respondent/Defendant being an illegal occupant of the suit property, he was liable to pay damages for the period from 8th June, 1996 to 7th July, 1997 and till the vacant possession is handed over @ Rs. 1,000/- per month. It was further clarified that by way of judgment, no declaration with regard to the ownership of the suit property was passed in favour of the Petitioner/Plaintiff. A decree of permanent injunction was also passed in favour of the Plaintiff and against the defendant restraining the Defendant from creating any third party interest or parting with possession.

2. First appeal filed by Sumer Chand Gupta against the judgment and decree dated 12th March, 2008 was dismissed on 6th October,