Abhinava Upadhya, J. - (1.) A suit being Suit No. 1416 of 1985 was filed on 15.11.1985 for cancellation of sale deed of the year 1985 executed by the vendor in favour of the defendant-petitioner. The plaintiffs claim themselves to be the nephew of the vendor. In the said suit joint written statement etc. were filed by the vendor and the vendee but the said suit was dismissed for non-prosecution on 30.8.1986.
(2.) It is claimed that the said suit was subsequently restored without any notice to the defendant-petitioner and by presenting an impostor a compromise decree was passed on 27.10.1988. Such a decree was never in the knowledge of the petitioner. It is also claimed that the petitioner is still in possession of the land in question and has always been in possession since the execution of the sale deed. Recently, she came to know of the aforesaid decree, therefore, she filed an application under 151 CPC for recalling the said decree as the same was passed without her knowledge. On the said application filed in 2008 it appears that notices were issued and the plaintiffs-respondents have also filed their reply. It is alleged that the said application has not yet been decided whereas now the respondents on the strength of the alleged compromise decree are threatening to evict the petitioner.
(3.) Learned counsel for the petitioner confines his prayer only to the extent that the said application filed under 151 CPC be considered and decided expeditiously.;