RAJIV SAHAI ENDLAW, J.

1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 impugns the judgment and decree dated 9th March, 2010 of the Court of Sh. Pitamber Dutt, Additional District Judge (ADJ), Delhi in Suit No.394/2009 filed by the deceased respondent no.1 / plaintiff against the appellant/defendant no.1 and the respondents no.2&3/defendants no. 2 and 3 namely Sh. Tony Mehta & Ms. Meenakshi Periera for partition of immovable property No.7A/70, WEA, Karol Bagh, New Delhi ad-measuring 173.25 sq. yds. and for declaration that the deceased respondent no.1 / plaintiff was the owner of ground and barsati / second floor of the said property and that the appellant and the respondents no.2 and 3 were entitled to the first floor of the said property.

2. Notice of the appeal was issued and the Trial Court record requisitioned. The appeal, on 1st December, 2011 was admitted for hearing and ordered to be listed in due course. Vide order dated 8th April, 2013 on the application of the respondent no.1 / plaintiff that inspite of there being no stay of execution, execution was held up owing to the trial court record having been requisitioned in this Court, the tr