SHIVASHRAY CHOUDHARY Vs. JAGOTARINI DEVI

JUDGEMENT

(1.) Learned counsel for the petitioner is present. No one appears for the opposite parties although notices were issued to them and opposite parties no. 1 to 3 have appeared through Vakalatnama and the names of their learned counsel have been appearing on the daily cause list of this Court. Inspite of the aforesaid facts no one is appearing for the opposite parties since September, 2004, resulting in several adjournments on that ground. On 30.11.2004 learned counsel for the petitioner submitted that on the next date he will be ready to argue the case, however, no one had appeared for the opposite parties. Today also when the case was called out, no one had appeared on behalf of the learned counsel for the opposite parties, whereas learned counsel for the petitioner is present and has been heard.

(2.) THE petitioner alongwith opposite party no. 15 is the plaintiff of Title Suit No. 16 of 1997, which was filed by them for declaration of right, title and share to the extent of 15 paise each in respect of the suit property, which is a petrol pump being run in the name and style of M/s Tarakant Thakur Ramashray Choudhary and also for an order of injunction restraining the defendants from interfering with the suit property and also for carving out the respective individual shares of the plaintiffs out of the said property.

(3.) IN the case of Prem Bakshi (supra) the Hon ble Supreme Court has held as follows: