ASHOK SINGH Vs. VEENA GUPTA

JUDGEMENT

(1.) This civil revision has been filed against the order dated 31.07.2018 passed by court below in execution petition, whereby applications filed by the petitioner in the execution petition have been dismissed.

(2.) The factual backdrop of the case in hand is that the respondent-Veena Devi, preferred a suit in the Court of Munsiff Jammu for possession of the land measuring 01 Kanal comprising Khasra No.522-min, Khewat No.13, Khata No.287 situated at Village Sunjwan, Tehsil and District Jammu and for mandatory injunction directing the petitioner-Ashok Singh to remove the construction so raised over the said land on the ground that the husband of the respondent namely Sh. Brij Mohan Gupta has purchased the said land, (hereinafter referred to as the suit land) of which the mutation has been attested in favour of her husband and the petitioner has raised construction over the same and based her claim on the basis of the report of the concerned Revenue Agency.

(3.) Notice was issued for appearance to the petitioner/defendant for appearance on 9th of Dec., 2013 and on 9th Dec., 2013 the Court below directed to issue fresh summons against the petitioner herein to procure his attendance and the next date was fixed for 3rd Jan., 2014 and afterwards on 16th Jan., 2014 the Court below marked the absence of the petitioner and fixed the date for 10th Feb., 2014. On the next date i.e. 12th March, 2014 the statement of the Process Server was recorded by the Court below for service which was affected for 9th Dec., 2013 on petitioner and the ex-parte proceedings were initiated and ultimately the ex-parte proceedings culminated into a decree passed by the learned court below on 31st May, 2014.