Sarvjeet And 5 Others vs Smt.Gama Devi
2014 Latest Caselaw 6882 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 51511 of 2014
 

 
Petitioner :- Sarvjeet And 5 Others
 
Respondent :- Smt.Gama Devi
 
Counsel for Petitioner :- Avinash Kumar Sharma
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioners have challenged the order of the appellate court in Misc. Appeal No. 10 of 2010 filed against the order of the trial court rejecting the application of the defendant filed under Order IX Rule 13 CPC. The petitioners are the plaintiffs and had filed a suit for cancellation of sale deed and permanent injunction being Suit No. 401 of 2000. The said suit came to be ultimately decreed ex parte by judgment and decree dated 12.5.2005. For the first time after three years an application under Order IX Rule 13 CPC was filed on 7.3.2008 along with delay condonation application. The trial court held that no cogent reason has been given for filing an application with such delay and  rejected  the same. However, the appellate court has set aside the ex parte decree  in appeal.

According to the learned counsel for the petitioners, no reasons have been given for not contesting the suit when the defendant had full knowledge  of the proceedings  and had also appeared before the court  and had filed written statement. According to the learned counsel for the petitioners, the entire proceedings have been initiated only to delay the execution of the decree and now they are interfering with the possession of the petitioners.

The matter requires consideration.

Issue notice to the respondent returnable at an early date.

The respondent may file counter affidavit within three weeks.

Learned counsel for the petitioners will take steps for service of notice upon the respondent within a week.

List this case after service of notice.

Till the next date of listing, the parties to the suit shall maintain status quo with regard to the suit property.

Order Date :- 23.9.2014

SKM