KRISHNA DEVI Vs. SITA RANI

JUDGEMENT

(1.) The present petition has been filed being aggrieved of the order dtd. 13/2/2019 passed by the Additional District Judge, Ludhiana (hereinafter described as ‘Appellate Court') dismissing the application filed by the petitioners-defendants (hereinafter described as 'the petitioners') under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short, 'CPC').

(2.) The brief facts are that the respondents-plaintiffs (hereinafter described as 'the respondents') filed a suit for permanent injunction for restraining the petitioners from interfering in their peaceful possession of the property bearing No. 77/1, situated at Jawahar Nagar, Ludhiana on the ground that petitioners No. 1 to 5 had mortgaged one room of the said property on the ground floor vide agreement/mortgage deed dtd. 1/11/2011 to the husband of respondent No.1. On notice, the petitioners filed written statement. The suit was decreed vide judgment and decree dtd. 10/5/2018 by the Civil Judge (Junior Division), Ludhiana. The suit was decreed as the petitioners never cross-examined the witnesses of the respondents despite the opportunities given to them and moreover two witnesses, namely, DW1 and DW2 appearing for the petitioners never came present for cross examination. Aggrieved of the said judgment and decree, an appeal was filed along with the application under Order XLI Rule 5 CPC. The said application was dismissed vide order dtd. 13/2/2019, hence the present civil revision petition.

(3.) Learned counsel for the petitioners contends that the Civil Court erred in decreeing the suit and the appeal against the said judgment and decree is pending. He argues that during the pendency of the appeal, stay be granted.