CR No.3279 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3279 of 2008 Date of decision : 17-4-2009 Jasbir and another ....Petitioner VERSUS Jarnail Singh and others ....Respondents CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. U.K. Agnihotri, Advocate, for the petitioners. Mr. Ashwani Talwar, Advocate, for the respondents. A.N. JINDAL, J. (Oral) Ex parte decree was passed on 8-8-2002 whereas application for setting aside ex parte decree was filed on 31-1-2004. The mere explanation regarding the delay in filing of the application is that they had engaged the counsel and who instead of filing the application for setting aside ex parte decree, had filed the objections dated 24-5-2003, on 15-10-2003 i.e. five months after these were typed. The execution application is still pending. In the execution application, the parties appeared in the month of March 2003 but despite knowledge of that decree no CR No.3279 of 2008 -2- appeal was filed and even the objection petition was filed after five months from the date when these were typed. Even otherwise assuming that the objector had come to the knowledge of ex parte decree as and when they had appeared in the Court in the month of March 2003. They filed the application for setting aside ex parte decree only after 10 months i.e. 31-1-2004. Therefore, no plausible explanation is coming forth for condoning the delay in filing the application for setting aside ex parte decree. The trial Court appears to have appreciated the evidence in the right perspective. No illegality much less irregulairty in the procedure resulting into miscarriage of justice has come to light. The decree is with regard to removal of the obstructions in the street and the counsel for the petitioners has urged that Local Commissioner appointed by the Court reported that there is no unauthorized obstruction in the street whereas decree is only for removal of the obstruction. Dismissed. (A.N. JINDAL) 17-4-2009 JUDGE manju