MADAN MOHAN Vs. PREM LATA MALHOTRA

JUDGEMENT

(1.) By way of present petition under Article 227 of the Constitution of India, the petitioner has assailed orders dated 18th September 2007 and 29th October 2004 passed by learned Additional District Judge.

(2.) Vide order dated 29th October 2004, an application of the petitioner under Order 9 rule 13 for setting aside an ex parte decree was dismissed by learned Civil Judge and vide order dated 18th September, 2007 the appeal filed by the petitioner against the order of learned Civil Judge was dismissed by learned ADJ.

(3.) Brief facts relevant for the purpose of deciding this petition are that a suit was filed by Jugal Kishore against his son and grandson who were in permissive possession of the suit premises and despite requests of Shri Jugal Kishore, had not been vacating that premises. Defendants no.1 and 2 i.e. the petitioner herein had already been disinherited from the properties by parents.