JAVEED KHAN Vs. MIRZA TAHER ALI BAIG

JUDGEMENT

(1.) SINCE both the matters are arising out of same subject property, they are taken up at the request of both the Counsel, heard together and are being disposed of by this common order. Petitioner -Javed Khan filed Civil Miscellaneous Appeal No. 279 of 2013 aggrieved over the order dated 3.8.2010 passed in EA No. 470 of 2007 in EP No. 54 of 2007 whereby and whereunder I Senior Civil Judge, City Civil Courts at Hyderabad, allowed the application filed under Order XXI Rules 97 and 99 read with Section 151 of the Code of Civil Procedure seeking to restore possession of E.P. Schedule property from the petitioner therein to Mirza Taher Baig (respondent herein).

(2.) PETITIONER also filed civil revision petition being aggrieved over the order dated 14.2.2012 passed in EA No. 135 of 2011 in EP No. 28 of 2011 whereby and whereunder the learned I Senior Civil Judge, City Civil Courts at Hyderabad, dismissed the petition filed by the petitioner herein under Order XXI Rule 106(3) read with Section 151 of the Code of Civil Procedure seeking to set aside the ex parte order dated 13.4.2011 in EP No. 28 of 2011.

(3.) THE Court below by its impugned order dismissed the application filed by the revision petitioner to set aside the ex parte decree passed in EP No. 38 of 2011 firstly on the ground of limitation and secondly on the ground that report of the Process Server of the Court clearly indicated that the notice in E.P. was served on the sister of the revision petitioner.