ASHFAQUE ABDULLA SAUDAGAR Vs. SHAHEEN GULAM RASOOL BHORANIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and taken up for final disposal with consent of the parties. Learned counsel waives service for respective parties.

(2.) The challenge in the Petition is to the judgment dtd. 25/1/2023 passed by the Appellate Bench, Small Causes Court in Misc. Appeal No.27 of 2014 filed against the judgment and order of the trial Court passed in MARJI Application No.95 of 2014, rejecting the petitioner's application seeking setting aside the ex-parte decree passed in R.A.E. and Suit No.392/554 of 2011 dtd. 12/2/2013 and for restoration of possession. For the sake of convenience, the parties are referred to by their status before the trial Court.

(3.) Shorn of unnecessary details the facts of the case as borne out from the record are as under: