- (1.) CONCISELY , the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, initially petitioner -plaintiff Rajesh Gulia son of Ram Chand(for brevity "the plaintiff") has instituted the civil suit for a decree of permanent injunction against respondentsdefendants - Saurabh Shivhare son of R.C.Shivhare and another(for short "the defendants").
(2.) SEQUELLY , according to the petitioner, that the defendants were served and Sh.V.K.Bhardwaj, Advocate, appeared on their behalf. Subsequently, he did not appear, so ex -parte proceedings were rightly ordered against them. On the contrary, the application(Annexure P -1) for setting aside the ex -parte proceedings moved by the defendants, was accepted by the trial Court, by virtue of impugned order dated 21.01.2014 (Annexure P -3).
(3.) AGGRIEVED thereby, the petitioner -plaintiff has preferred the present petition, invoking the superintendence jurisdiction of this Court under Article 227 of the Constitution of India. After hearing the learned senior counsel for the petitioner, going through the record with his valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context.;