J.K. & COMPANY Vs. OSWAL SINGH SABHA

JUDGEMENT

(1.) THIS second appeal is directed against judgment and decree dated 11.2.10 passed by the Additional District Judge (Fast Track) No. 4, Jodhpur in Civil Appeal Decree No. 19/08, whereby the first appeal preferred by the respondent -plaintiff, against the judgment and decree dated 16.2.06, passed by the Additional Civil Judge (S.D.) No. 2, Jodhpur, in Civil Suit No. 323/2000, has been allowed and accordingly, while setting aside the judgment and decree passed by the trial court as aforesaid, the suit for eviction preferred by the respondent -plaintiff, has been decreed. The order dated 16.4.13 passed by the Additional District Judge No. 5, Jodhpur Metropolitan City, dismissing the application preferred by the appellant -defendant, seeking review of judgment and decree dated 11.2.10 passed as aforesaid, is also impugned in the present appeal.

(2.) THE brief facts giving rise to the present appeal are summarised thus:

(3.) AGGRIEVED by the judgment and decree passed by the trial court as aforesaid, the plaintiff preferred an appeal before the District Judge, Jodhpur, which was later transferred to the court of Additional District Judge (Fast Track) No. 4, Jodhpur.