M G RAMANI Vs. INDIRA DEENADAYAL NAIDU

JUDGEMENT

(1.) This appeal has been filed by the applicants in the application filed under Order IX Rule 13 and 14 read with Section 151 of CPC to set aside the decree passed in O.S.16168/1999 dated 17.11.2008.

(2.) The appellants have assailed the order passed by the Trial Court in accordance with which the petition has come to be dismissed. Respondent Nos.3 and 4 have entered caveat and the appellants seek for a stay of further proceedings in Execution Petition No.25023/2013.

(3.) The relevant facts being that the appellants herein being the tenants had suffered a decree for ejectment initiated by the respondents. The appellants herein contend that fraud had been played in obtaining a decree in O.S.16168/1999, in so far as the ownership of the property was vested with the partnership firm M/s.Deena Enterprises and hence, respondent Nos.1 to 4 were not the owners of the said property, consequently the proceedings for ejectment could not have been maintained.