MOHD. MAQBOOL MIR Vs. GH. MOHAMMAD PAHLOO

JUDGEMENT

(1.) The petitioner has filed the present petition to challenge order dtd. 4/2/2023 passed by the learned Sub Judge, Bandipora, vide which an application filed by the petitioner seeking setting aside of the execution proceedings before the said Court has been dismissed.

(2.) The facts emanating from the pleadings of the parties are that the respondent/plaintiff filed a suit under Order 37 CPC against the petitioner/defendant before the Court of learned Sub Judge, Bandipora (hereinafter referred to as "the trial court "). In the said suit, the petitioner/defendant did not put in his appearance, whereafter the trial court passed an exparte judgment and decree dtd. 8/11/2021, whereby the respondent/plaintiff was held entitled to recover a sum of Rs.50,000.00 from the petitioner/defendant along with interest and litigation charges of Rs.10,000.00.

(3.) It seems that the petitioner/defendant filed an application under Order 37 Rule 4 of the CPC seeking setting aside of exparte judgment and decree dtd. 8/11/2021 before the trial court. It also appears that another application came to be filed by the petitioner/defendant seeking setting aside of the execution of judgment and decree dtd. 8/11/2021. The learned trial court, vide impugned order dtd. 4/2/2023, has dismissed the aforesaid application of the petitioner/defendant seeking setting aside of the execution proceedings.