JAVED MALIK vs SAMSON FREDRIC (DECEASED) THR LRS & ANR

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23rd April, 2025 + CM(M) 1251/2019 & CM APPL. 38205/2019 & CM APPL. 27926/2022 JAVED MALIK .....Petitioner Through: Mr. Pardeep Dhingra and Mr. Deepanshu Dhama, Advocates. versus SAMSON FREDRIC (DECEASED) THR LRS & ANR .....Respondent Through: Mr. R.D. Chauhan, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner is aggrieved by order dated 04.01.2019 and his prime grouse is to the effect that the First Appeal filed by the respondents has been heard and disposed of, without granting any real and actual opportunity to him to defend the same. 2. The petitioner herein i.e. Mr. Javed Malik had filed a suit for injunction. Admittedly he mentioned his address as 1752 (ground floor and first floor), Pataudi House, Darya Ganj, New Delhi. 3. The abovesaid suit was filed against Mr. Samson Fredrick and his wife Ms. Regina Samson who are also residents of the same property, albeit, at the different portion of ground floor. 4. The suit was, eventually, decreed by the learned Trial Court on 21.04.2005. 5. The defendants, later on, filed an application under Order IX Rule 13 read with Section 151 CPC. 6. Such application was dismissed by the learned Trial Court on 13.01.2017. Signature Not Verified Digitally Signed CM(M) 1251/2019 1 By:SONIA THAPLIYAL Signing Date:24.04.2025 17:07:58 7. Feeling aggrieved, they filed an appeal which was registered as RCA No.71/2017. Their such appeal has been allowed and, resultantly, the ex-parte judgment has been set aside, albeit, subject to cost. 8. As per the contents of the order passed by learned First Appellate Court, the notice of the appeal was issued to the plaintiff but he refused to accept the summons and, therefore, he was proceeded ex-p