SHASHI JAIN Vs. LOKESH CHAUDHARY

JUDGEMENT

(1.) A suit was instituted on 17/4/2005, by the plaintiff (petitioner herein) seeking a decree of permanent/mandatory injunction in relation to the property, which has been more particularly detailed at the foot of the plaint. The relief clause as well as the property details as described in the plaint are quoted here under:-

(2.) In the suit in question, when the notices were issued, the defendant/respondent had put in appearance and filed his written statement on 12/7/2005. As far as putting in appearance for the purposes of contest to the suit is concerned, as soon as the plaintiff/respondent puts in appearance and contest the proceedings by filing the written statement, the knowledge would be deemed to be attributed there with the defendant/respondent with regards to the suit in question. Ultimately, the suit being Suit No. 131 of 2005, Smt. Sashi Jain v. Smt. Lokesh Chaudhary preceded and it was decided ex parte by virtue of the judgement dtd. 25/10/2010, as a result thereto the suit of the plaintiff was decreed with the following directions:

(3.) In order to get the decree executed, the plaintiff/petitioner contends that she has already filed an execution proceedings and according to the defendant/respondent, she has contended that she could get the knowledge about the ex parte decree dtd. 25/10/2010, when she had received the notices in Execution Proceedings only in July 2011, being Execution Case No. 2 of 2011 for execution of decree dtd. 25/10/2010.