FIRST APPEAL DEFECTIVE No. 185 of 2025 at Allahabad

AFR Neutral Citation No. - 2025:AHC:144123 Court No. - 35 Case :- FIRST APPEAL DEFECTIVE No. - 185 of 2025 Appellant :- Pratap Fransis Respondent :- Akil Ahmad And 2 Others Counsel for Appellant :- Avinash Pandey,Virendra Kumar Hon'ble Sandeep Jain,J 1. The case was taken up on mention by the learned counsel for the appellant. 2. The instant first appeal under Section 96 CPC has been filed impugning the order dated 15.01.2025 passed by the court of Additional District Judge, Court No.3, Meerut in Civil Misc. Case No.43 of 2025 (Pratap Fransis Vs. Akil Ahmad & another) whereby the objector-appellant's application under Order 21 Rule 97 CPC has been dismissed. 3. Office has raised a preliminary objection that the instant appeal is not legally maintainable. 4. Learned counsel for the appellant submitted that SCC Suit No.48 of 2009 (Akil Ahmad and another Vs. Nora Fransis) was fraudulently decreed exparte on 18.02.2010 and thereafter, Execution Case No.1 of 2010 (Akil Ahmad & another Vs. Nora Fransis) was filed for evicting the tenant and obtaining the possession of the disputed premises, in which the objector- appellant had filed his objection under Order 21 Rule 97 CPC on the ground