RAMCHANDRA Vs. SHAKUNTALA JOSHI

JUDGEMENT

(1.) Being aggrieved by the order dated 18.11.2003 passed by District Judge, Ujjain in Case No.42/2002 MJC, whereby application filed by Ramchandra, predecessor-in-title of the appellants under Order 9 Rule 13 CPC for setting aside the judgment dated 24.7.95 passed in Civil Suit No.18-A/89 was dismissed, present appeal has been filed.

(2.) Short facts of the case are that Kailash Narayan, predecessor-intitle of respondents filed a suit on 7.8.89 for declaration and possession of house alleging that house No.5/222 situated at Bherugarh, Ujjain of which new house number is 1,2,3 and 4, Mahendra Marg, Lane No.1, belongs to the respondent. It was alleged that in the year 1973 a part of the house fell down because of heavy rains. It was alleged that respondents are in occupation of the property since Samvat 1988. It was alleged that predecessor-in-title of the appellants has encroached over the property. It was prayed that decree of possession be passed. The suit proceeded exparte vide order darted 4.10.89 against Ramchandra, predecessor-in-title of appellants and on 24.7.95 the decree was passed as prayed. Thereafter application under Order 9 Rule 13 CPC was filed on 24.11.2002, wherein it was prayed that appellants were never served. It was prayed that decree be set aside, the application was dismissed against which present appeal has been filed.

(3.) Vide interim order dated 15.7.2004 operation of the judgment and decree was stayed by this Court.