ISRAR AHMED DECEASED Vs. KANEEZ ALLEGED

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India, by the petitioners whereby they have put to challenge the order dtd. 16/9/2019, annexure no.1 to the writ petition, passed by learned Civil Judge (S.D.), Haridwar in Misc. Case No.5 of 2014 (under Order 9 Rule 13 of C.P.C.), whereby the application moved by the petitioners for setting aside the ex parte judgment dtd. 18/10/2013, the compromise decree has been set aside and further the judgment and order dtd. 26/9/2025, annexure no.2 to the writ petition, passed by learned Ist Additional District Judge in Misc. Civil Appeal No.117 of 2019, Israr Ahmed and others Vs. Smt. Kaneez and others, whereby the misc. civil appeal was dismissed and the order passed by learned trial court was affirmed.

(2.) It is contended by learned counsel for the petitioners that earlier Original Suit No.149 of 2005, Israr Ahmed Vs. Ameer Hasan and others, was instituted in the court of learned Civil Judge (S.D.) Haridwar. The said suit was decided on the basis of a compromise and decree was accordingly passed on 24/8/2011.

(3.) The said compromise decree was challenged by respondent no.1-Smt. Kaneez by filing a separate suit which was registered as Original Suit No.125 of 2013, Smt. Kaneez Vs. Israr Ahmed and others, in the court of learned Civil Judge (S.D.) Haridwar. The subsequent Original Suit No.125 of 2013 was decided ex parte vide judgment and order dtd. 18/10/2013.