SIMMI KAROL Vs. R.K.MADAN

JUDGEMENT

(1.) PETITIONER herein is the judgment -debtor and has filed the present petition for review of the judgment dated 23.4.2008 passed by this Court in RSA No. 450 of 2007, titled as Simmi Karol v. R. K. Madan and Anr. Petition is accompanied by an application under Section 5 of the Limitation Act read with Section 151 of the Code of Civil Procedure being CMP (M) No. 1168 of 2008, seeking condonation of delay in filing the review petition. The delay is of 187 days. On 8.1.2009 notice was issued to the respondents on the application. The decree -holders have opposed the application.

(2.) THE petitioner herein is referred to as defendant -licensee and the respondents herein are referred to as plaintiffs -licensors. Whether the reporters of Local Papers are allowed to see the Judgment?

(3.) THE defendant assailed the same before the District Judge, Shimla by way of Civil Appeal No. 35 -S/13 of 2007, titled as Simmi Karol v. R.K. Madan and Anr. and in terms of judgment and decree dated 17.9.2007, the District Judge upheld the judgment and decree passed by the trial Court. The defendant 'sappeal being RSA No. 450 of 2007 stands dismissed on merits in terms of judgment dated 23.4.2008. The Court upheld the findings of the trial Court and held the plaintiffs entitled to possession of suit premises and payment of mesne profits @ Rs. 40,000/ - per month commencing from 1.7.2003 till the handing over of the peaceful and vacant possession of the suit premises.