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2020 Supreme(All) 511

JAYANT BANERJI
Neelesh Agarwal – Appellant
Versus
Ishaan Buildtech – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ravi Anand Agarwal, Manish Goyal, Shreya Gupta.
For the Respondents: Ghanshyam Das Mishra, Ashutosh Srivastava.

JUDGMENT :

JAYANT BANERJI, J.

1. This petition seeks setting aside the order dated 26.04.2019 passed by the Civil Judge (Senior Division), Bareilly in Misc. Case No. 59 of 2017. By that order, the application Paper No. 4C filed by the defendant-respondents under Section 5 of the Limitation Act for condoning the delay in filing an application Paper No. 5C under Order 9 Rule 13 of the Code of Civil Procedure, 1908 [CPC ] was allowed on payment of cost of Rs. 30,000/-. By the same order a subsequent date was fixed for disposal of the application paper no. 5C filed for setting aside the ex-parte decree dated 22.12.2003 passed in Original Suit No. 158 of 2000.

2. It appears from the petition that the petitioner filed Original Suit No. 158 of 2000 [Suit of 2000] for a decree of mandatory prohibitory injunction in respect of Gata Nos. 324 and 325 and Plot No. 14A for restraining the 21 defendants from causing any interference in the peaceful possession of the plaintiff over Gata Nos. 324 and 325 (southern half), Udaipur Khas, Bareilly by forcibly entering into an unlawful possession or f

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