Babu Ram vs Ram Janki Mandir Society And ...
2011 Latest Caselaw 889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 18329 of 2011
 

 
Petitioner :- Babu Ram
 
Respondent :- Ram Janki Mandir Society And Others
 
Petitioner Counsel :- Nalin Kumar Sharma
 

 
Hon'ble Rajes Kumar,J.

A Suit being Suit No.157 of 1998 was filed by Sri Ram Janki Mandir Society and others in respect of the property in dispute. The said suit was decreed ex-parte on 14.5.1999. The petitioner moved an application under Order 9 Rule 13 C.P.C. on 20.5.1999 for recalling of the said order. The application has been rejected and against the said order the petitioner filed an appeal which has been dismissed on 11.2.2011.

Learned counsel for the petitioner submitted that claiming the title over the property in dispute the petitioner has also filed a declaratory suit being suit no. 152 of 1998 which has been decreed in favour of the petitioner and appeal against the said order has been dismissed. Thereafter, the respondents filed Second Appeal no.342 of 2007, which is pending in this Court. Since in respect of the same property in dispute the decree is in favour of the petitioner, therefore, the recalling application ought to have been allowed.

The matter requires consideration.

Issue notice to the respondents returnable at an early date. The petitioner may take steps to serve the respondents within two weeks.

List in the week commencing 16.5.2011.

Till the next date of listing, the execution proceeding in pursuance of the order dated 14.5.1999 in Suit No. 157 of 1998 (Babu Ram Vs. Dharm Pal and others) shall remain stayed.

Order Date :- 5.4.2011

OP