MAHARAJDEEN Vs. PRESIDENT RAMKRISHAN ASHRAM AND 3 ORS

JUDGEMENT

(1.) Parties through their counsel.

(2.) Petitioners before this Court, who are legal heirs of the deceased Maharajdeen, are aggrieved by the order dated 09.01.2013 (annexure P-16) passed by the learned 4th Civil Judge, Class-I, Indore in Execution Case No.120-A/03/2009.

(3.) Facts as stated by the petitioner in the writ petition reveals that respondent Nos.1, 2 and 3 (Ramkrishan Mission), who are the decree holders have filed a civil suit in respect of the land bearing survey No.29 and the civil suit was filed only for possession. The petitioner's contention is that an order was passed during the pendency of the civil suit for proceeding ex-parte against the defendants and thereafter, the boundaries of the survey No.29 were amended by filing an amendment application and no notice was issued to the defendants in respect of the amendment application. It has also been stated that an ex-parte judgment and decree was passed on 12.09.2003.