A.M. Khanwilkar, J.

By this appeal under Order XLIII of the Code of Civil Procedure, the appellants have challenged the judgment and order dated February 17, 2003 passed on Civil Misc. Application No. 149/2003 which, in turn, rejected the prayer for setting aside the ex parte judgment and decree passed by the Addl. District Judge, at Mapusa in Regular Civil Appeal No. 46/2001 dated May 27, 2002.

2. Briefly stated, the respondent filed a suit being special Civil Suit No. 46/94 before the Court of Civil, Judge, Sr. Division, at Mapusa for eviction, mandatory and permanent injunction and recovery of mesne profits, against the appellants. The said suit, however, came to be dismissed by the judgment and decree dated June 13, 2000. Against that decision, the respondent carried the matter in appeal being Regular Civil Appeal No. 46/2001 before the Addl. District Judge, Mapusa. It is the appellants case that the appellants were not served with summons of hearing of the said appeal at all. Nevertheless, the appeal came to be decided ex parte against the appellants by judgment and decree dated May 27, 2002. By this decision, the Appellate Court was pleased to decree the suit in favour