FARIYAD Vs. THAKUR MANDIR RAGHUNATH JI

JUDGEMENT

(1.) The petitioner is a defendant in Civil Suit No. 56 of 2001, Thakur Mandir Raghunath Ji Maharaj Vs. Fariyad and others. The said Suit was instituted by the plaintiff /respondents on 26th March, 2001, whereby, they have prayed for the grant of decree of cancellation of sale deed dated 13th July, 1965.

(2.) In the said Suit, the notices were said, to have been issued and, as per the ordersheet, the excerpts of which, have been placed on record by the petitioner, the learned Trial Court, after recording its satisfaction of service, though which is a fact, disputed by the defendant/petitioner, herein, had passed an order directing to proceed ex parte, as against the defendant, vide its order dated 29th October, 2001. Ultimately, the Suit proceeded ex parte, and the learned Trial Court vide its judgment dated 11th September, 2002, had decreed the Suit.

(3.) The contention of the learned counsel for the petitioner is that after the decree, which has been rendered on 11th September, 2002, the plaintiff/respondents, have deliberately and with malicious intention had kept silent for number of years altogether, before making any efforts to get themselves, recorded in the record of rights under the strength of the decree of 11th September, 2002.