UNION OF INDIA Vs. R RAGHUVA REDDY

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the order dtd. 25/9/2023 passed in Misc. No.23/2013 by the XVI Additional City Civil and Sessions Judge, Bengaluru.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the petitioners is that the respondents have filed a suit in O.S.No.7613/1992 seeking the relief of permanent injunction making the allegation against the appellants herein that they are interfering with the possession and enjoyment of the land bearing Sy.No.1 situated at Challagatta village, Varthur hobli, H A Sanitary Road, Bengalouru South Taluk, measuring to an extent of 2 acres 27 guntas. The defendants that is appellants herein appeared and filed the written statement. At the first instance, the Trial Court dismissed the suit. Hence, Regular First Appeal is filed before this Court and this Court vide order dtd. 31/7/2008, remanded the matter for fresh consideration with a direction to dispose of the matter within a time bound period of six months and also given liberty to both the parties to adduce their evidence and even the parties are also permitted to produce the additional documents. Thereafter, the Trial Court also issued notice against the appellants herein and there is an endorsement that notice was served on the office of respondent No.1 and notice also issued to respondent No.2 by way of substituted service as well as by registered post. Inspite of it, the appellants did not appear to contest the matter and ultimately, the suit was decreed vide order 22/1/2010. Being aggrieved by the said judgment and decree, Misc. No.23/2013 was filed before the Trial Court by the appellants herein praying the Court to set aside the judgment and decree dtd. 22/1/2010 on the ground that there is no proper service of notice on the appellants.