In this writ petition under Article 227, the High Court declined to interfere with an ex parte decree where possession was already delivered to the decree-holder, dismissing the appeal against the lower court's order.
The petition is dismissed without interfering with the ex parte decree.
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WP(C) No.15565 of 2005
3.12.2015
Assailing the judgment dated 27.10.2005 passed by the learned Ad hoc Addl. Dis
trict Judge, Aska in FAO No.3 of 2005, the present petition is filed under Article 227 of the
Constitution of India. By the said order, learned lower appellate court dismissed the appeal a
nd confirmed the order dated 15.3.2001 passed by the learned Civil Judge (Senior Division), As
ka in MJC No.105/96 whereby and whereunder the application filed by the petitioner under Order
9 Rule 13 CPC to set aside the ex parte decree was dismissed.
Heard Mr. N.M Praharaj, learned counsel for the petitioner and Mr. S.D. Das, l
earned Senior Advocate for the opposite party no.1.
Mr. S. D. Das, learned Senor Advocate submits that long since the possession has be
en delivered to the decree-holder. He files a photostat copy of the order dated 4.11.1995 pass
ed by the learned Civil Judge (Senior Division), Aska in E.P. No.15 of 1993 in Court today. Th
e same be kept on record.
In view of the fact that the delivery of possession has been made, this Court is no t inclined to interfere with the ex parte decree after lapse of so many years. Accordingly, the petition is dismissed.
Dr.A.K.Rath,J
3
1 issue framed by the court
Whether the High Court should interfere with an ex parte decree set aside application dismissed after delivery of possession has been made and years have lapsed.
2 provisions across 2 enactments
Petitioner
Opposite Party No.1
A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court