UDHAV BALIRAM ADAWALE Vs. BABRUWAN PAPANARSH GAIKWAD

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 28th October, 2015, by which, the Court below has concluded in application No. 01/2015, that the applicant original defendant was not properly served with the Court notice and as such the judgment in R.C.S. No. 25/2013, delivered on 27th June, 2014, is recalled.

(2.) I have considered the strenuous submissions of the litigating sides and with their assistance have gone through the petition paper book and the record available.

(3.) There is no dispute that the judgment dated 27/06/2014, in Special Civil Suit No. 25/2013, was an ex-parte judgment since the Court has observed that the summons issued by Register Post AD of the post and telegraph department at exhibit 9 was returned with the remark "Unclaimed intimation posted." Based on the same the Trial Court held that the defendant is properly served and does not desire to participate in the proceedings. Consequentially, by the said judgment an amount of Rs. 6,74,760/- was directed to be paid by the defendant to the plaintiff within one month.