LAWS(P&H)-2014-2-462

RAJESH GULIA Vs. SAURABH SHIVHARE

Decided On February 03, 2014
Rajesh Gulia Appellant
V/S
Saurabh Shivhare Respondents

JUDGEMENT

(1.) CONCISELY , the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, initially petitioner -plaintiff Rajesh Gulia son of Ram Chand(for brevity "the plaintiff") has instituted the civil suit for a decree of permanent injunction against respondentsdefendants - Saurabh Shivhare son of R.C.Shivhare and another(for short "the defendants").

(2.) SEQUELLY , according to the petitioner, that the defendants were served and Sh.V.K.Bhardwaj, Advocate, appeared on their behalf. Subsequently, he did not appear, so ex -parte proceedings were rightly ordered against them. On the contrary, the application(Annexure P -1) for setting aside the ex -parte proceedings moved by the defendants, was accepted by the trial Court, by virtue of impugned order dated 21.01.2014 (Annexure P -3).

(3.) AGGRIEVED thereby, the petitioner -plaintiff has preferred the present petition, invoking the superintendence jurisdiction of this Court under Article 227 of the Constitution of India.