S MARTIN Vs. J MEGALA

JUDGEMENT

(1.) This civil suit had been filed, seeking a judgement and decree, granting declaration that the settlement deed, dated 28.1.2011 registered as Document No.700 of 2011, alleged to have been executed by the Plaintiff in favour of the 1st Defendant in the office of the 2nd Defendant is false, forged, invalid, illegal and a void document and that the same is not binding on the Plaintiff and the B-Schedule properties and granting injunction, restraining the 1st Defendant from in any manner acting upon the aforesaid settlement deed and creating any transfers or encumbrances on the properties more fully described in the B-Schedule and dealing with the same in any manner and for costs of the suit.

(2.) The case of the Plaintiff as set out in the plaint, is as follows:-

(3.) Service of notice on both the Defendants was completed. Affidavit of Service has also been filed in respect of the 1st Defendant. Substituted service by paper publications, court notice board and notice to last known address was also effected. However, no written statement had been filed by the 1st Defendant and hence, the matter was ordered to be listed under the caption of "Undefended Board". For non filing of the Written Statement, Exparte Evidence was ordered to be recorded by the order of this court dated 20.06.2017.