POONAM GUPTA AND 2 OTHERS Vs. ANIL AGARWAL

JUDGEMENT

(1.) This writ petition has been filed challenging the appellate order dated 18.7.2018 by which the Restoration Application for restoring the Appeal after recalling the order dated 18.11.2017 was rejected and also for recalling the order dated 18.11.2018 by which the appeal was allowed ex-parte. A further prayer has been made that the appeal be restored to its original number and the same be heard on merits after hearing both the parties.

(2.) The respondent-landlord filed a Release Application being P.A. Case No.98 of 2014. This application was contested by the petitioner-tenant and the Release Application was rejected on 25.4.2017. An appeal was filed thereafter being Appeal No.80 of 2017 by the respondent-landlord. On 5.5.2017, notices were issued to the tenants by the Appellate Court for their appearance on 1.7.2017. On 1.7.2017, the Appeal, without the presence of the respondent-landlord, was posted for hearing for 7.7.2017 and on 7.7.2017 the case was transferred from the Court of the District Judge, Agra to the Court of XVII Additional District Judge, Agra where the case was finally heard and allowed on 18.11.2017.

(3.) The petitioners-tenants, upon coming to know about the order of the Appellate Court dated 18.11.2017, filed an application for recalling the same on 18.12.2017 which came to be rejected on 18.7.2018.