DEVENDRA KUMAR UPADHYAYA, J. - (1.) Heard Sri Manjiv Shukla, learned counsel for the petitioners and Sri A.M.Tripathi, learned counsel appearing for respondent no.3.
(2.) This petition under Article 227 of the Constitution of India assails the validity of the order dated 24.04.2014 passed by the Additional Civil Judge (Junior Division), Lucknow whereby the application moved by the petitioners under Order IX Rule 13, CPC for setting -aside the alleged ex -parte decree dated 22.10.1980 has been rejected. The petitioners have also challenged the validity of the appellate order dated 07.03.2015 passed by the Special Judge, CBI, Court No.4, Lucknow/Additional District Judge whereby the appeal preferred by them against the order passed by the trial court has been dismissed.
(3.) The facts of the case, as could be gathered from the material available on record, are that the respondent no.3 is said to have executed a sale deed which was registered on 26.10.1978 in favour of late Ram Dutt who is the predecessor -in -interest of the petitioners in respect of khasra plot no. 2094 having an area of two bighas ten biswan, plot no.2095 having an area of one biswa ten biswansi, plot no.2096 having an area of nine biswa six biswansi and plot no.1385 having an area of four biswa ten biswansi (as detailed in para 5 of the petition), situate in village Peeparsand, Pargana Bijnore, Tehsil and District Lucknow.;