RAJWATI VARSHNEY Vs. SATYA PRAKASH

JUDGEMENT

(1.) S. P. Mehortra, J. This writ petition has been filed by the petitioner, inter alia challenging the order dated 28-10- 2002 (Annexure No. 1 to the writ petition) passed by the Prescribed Authority/civil Judge (JD) Sahaswan, Badaun in Misc. Case No. 54 of 1988.

(2.) THE dispute relates to a shop situated in Mohalla No. 6, Kasba Bilsi, Pargana Kot, Tehsil Sahaswan, District Budaun, the details of which have been given in the release application referred to hereinafter. THE said shop has hereinafter been referred to as "the disputed shop".

(3.) IT further appears that by the order dated 5-9-1997, the said release case was directed to proceed ex- parte as against the Opposite Party No. 1/8 (petitioner herein. The opposite pary No. 1/8 (Petitioner herein) moved an application for recalling the order dated 5-9-1997 which was dismissed by the Prescribed Authority vide its order dated 17-1-1998.