Sunil Ambwani, J.—Heard Sri R. K. Srivastava for petitioner and Sri S. K. Pandey for respondents.

2. This writ petition arises out of orders passed by Additional Civil Judge (Junior Division), Saharanpur in Misc. Case No. 4A/2000 rejecting petitioner’s application to set aside ex parte decree dated 10.1.2000 in Original Suit No. 215 of 1989 between Mukkha v. General Manager, U. P. State Sugar Corporation, Saharanpur and others, and the order of District Judge, Saharanpur dated 29.4.2002 in Misc. Civil Appeal No. 39 of 2002 dismissing the appeal against the order of the trial court.

3. Brief facts, giving rise to this writ petition, are that the plaintiff filed an Original Suit No. 215/1989 for dispossession of defendants from suit land in Chak No. 136, Gata No. 252. It was alleged that the defendant forcibly entered and started digging on 10.11.1989 and that on 16.3.1990 they constructed 6 feet wall, and fitted angle iron and barbed wire over the wall. The plaintiffs claimed that the defendant Sugar Mill is continuing in wrongful possession, and also claimed damages.

4. A written statement was filed by the defendant. The trial court fixed the matter on 12.1.1998 for dis