SULTANA BEGUM & ORS . Vs. JAI RAM PRASAD

JUDGEMENT

(1.) The petition is directed against a virtually unreasoned order of March 15, 2018 passed on an application under Section 151 of the Code filed in connection with a petition under Order 9, Rule 13 of the Code for recalling an ex parte decree.

(2.) The decree was passed on June 30, 2012. In execution proceedings levied by the decreeholder, possession was obtained of the suit premises in September 2012. The petition for recalling the ex parte decree was filed sometime thereafter. Whether because of the paucity of the time available to the court or the lack of diligence on the part of the opposite party herein, the petition for setting aside the ex parte decree has not progressed for a period of six years.

(3.) The petitioners herein, the decree-holders, have applied for the sanction of a building plan and it is proposed that the old construction would be razed and a new building would come up. The subject-matter of the suit is a small shop-room measuring about 140 sq ft and yielding rent of Rs. 230/- per month. Upon the opposite party getting a scent of the proposed building plan, an application was filed under Section 151 of the Code on which, for the mere asking, an order of stay of the operation of the decree has been passed. This, despite the decree having been virtually satisfied upon possession being obtained by the petitioning decree-holders in September, 2012.