GURULINGAPPA Vs. ARCHANA

JUDGEMENT

(1.) This appeal arise out of a suit which had been instituted for specific performance and which had been decreed without there being a contest by the defendant.

(2.) Learned counsel for the appellant would be seriously prejudiced since he would be losing his land without there being a defence put up to the case set up by the respondent. He submits that for the reasons beyond the control of appellant, the defendant could not defend himself. He also submits that in respect of the very same land a similar judgment granting an ex-parte decree was set aside by the Division Bench of this Court in RFA No.200031/2023 and on the same analogy, this appeal may also be allowed.

(3.) Learned counsel for the respondent on the other hand stoutly opposed this request. He submitted that in the case dealt with by the Division Bench, the appellant therein was placed ex-parte, whereas, in the present case the appellant had entered appearance and had chosen not to contest the proceedings.