SUKHMINDER SINGH Vs. RAMANDEEP KAUR

JUDGEMENT

(1.) Present revision petition is directed against the order dated 18th of September, 2023 passed by Civil Judge (Junior Division), Ludhiana allowing the application filed by respondent No.1 under Order IX Rule 13 CPC setting aside ex parte judgment and decree dated 3rd of October, 2022.

(2.) For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the petitioner as the plaintiff and the respondents as the defendants.

(3.) Plaintiff filed suit against his son and daughter-in-law seeking decree of mandatory injunction directing the respondents to vacate part of house in their possession and further seeking decree of permanent injunction seeking restrain against the defendants from parting with the possession of the said portion and from transferring possession of the same to any other person. Further relief sought was for recovery of mesne profits @ Rs.10,000.00 per month from the date of filing of the suit till the vacation of the property. Defendants were proceeded ex parte vide order dated 22th of November, 2021. Suit filed by the plaintiff was decreed by Civil Judge (Junior Division) Ludhiana vide judgment and decree dated 3rd of October, 2022.