JUDGMENT

Rajiv Sahai Endlaw, J.

1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 8th October, 2015 [of the Court of the Additional District Judge (ADJ)-05 (West), Tis Hazari Court, Delhi in CS No.1439/2011 (Unique ID No.02401C0338702011)] of ejectment of the appellant from the shops on first and second floors above the shop bearing no. 4, WZ-296, G-Block, Jail Road, Hari Nagar, New Delhi and for recovery of Rs.4,30,000/- towards arrears of rent and of Rs.30,000/- per month towards damages/use and occupation charges w.e.f. June, 2011 till the delivery of possession.

2. The appeal came up first before this Court on 3rd February, 2016 when on being told that CM(M) No.872/2015 preferred by the appellant against the order in the suit from which this appeal arises closing the right of the appellant to cross examine the witnesses of the respondents/plaintiffs was also pending consideration, the appeal was ordered to be listed along with the said CM(M) No.872/2015. However it appears that CM(M) No.872/2015 was disposed of on 11th February, 2016 i.e. before this appeal could be listed therewith. Accordingly, notice of