NEELESH AGARWAL Vs. ISHAAN BUILDTECH AND ORS.

JUDGEMENT

(1.) This petition seeks setting aside the order dated 26.04.2019 passed by the Civil Judge (Senior Division), Bareilly in Misc. Case No.59 of 2017. By that order, the application Paper no.4C filed by the defendantrespondents under Section 5 of the Limitation Act for condoning the delay in filing an application Paper No.5C under Order 9 Rule 13 of the Code of Civil Procedure, 19081, was allowed on payment of cost of Rs.30,000/-. By the same order a subsequent date was fixed for disposal of the application paper no.5C filed for setting aside the ex-parte decree dated 22.12.2003 passed in Original Suit No.158 of 2000.

(2.) It appears from the petition that the petitioner filed Original Suit No.158 of 20002 for a decree of mandatory prohibitory injunction in respect of Gata Nos.324 and 325 and Plot No.14A for restraining the 21 defendants from causing any interference in the peaceful possession of the plaintiff over Gata Nos.324 and 325 (southern half), Udaipur Khas, Bareilly by forcibly entering into an unlawful possession or from raising any constructions over any part thereof, unless the defendant no.1 seeks partition by metes and bounds of his share therein. Another relief appears to have been sought in the suit, for declaration of the sale-deeds from serial nos.8 to 15 under Schedule-A to the plaint and the sale-deeds mentioned at serial nos.4 to 10 under Schedule-B in respect of Gata No.325, Udaipur Khas, Bareilly, as void. The sale-deeds pertaining to 1 CPC 2 suit of 20002 Plot No.14A in favour of the defendant-respondent nos.4 and 5 on 17.12.1999 was mentioned at serial no.4 of Schedule-B to the plaint.

(3.) On 17.04.2000, an ex-parte interim order was granted by the court below restraining the defendants from raising any constructions over the suit property. The defendant-respondent nos.4 and 5, who were arrayed as defendant nos.15 and 14 respectively in the suit of 2000, filed an objection against the temporary injunction.