S.B. Civil Second Appeal No.548/1999 Laxman & Ors. Vs. Panchu Ram & Ors. Date:20/08/2008 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. Arjun Karnani, for appellants. Mr. Rajesh Kapoor, for respondents. BY THE COURT: Suit for eviction and recovery of rent filed by the plaintiff-respondents was decreed by the trial court vide ex-parte judgment and decree dated 6.5.1988. Though an appeal was filed against the above judgment and decree passed by the trial court, however, the same has been dismissed by the lower appellate court vide judgment dated 21.9.1999 on the ground of limitation. After hearing learned counsel for the parties, I have carefully gone through the material on record. A bare reading of the judgment passed by the lower appellate court would show that there has been sheer negligence and callous approach on the part of the defendant-appellants not only in contesting the suit, but filing of the appeal as well. Even applications filed by the defendant-appellants before the trial court for setting aside ex-parte proceedings were dismissed long back. However, no remedy was sought by the defendant-appellants challenging those orders as well at appropriate stage. Having considered entire facts and circumstances, since after due consideration proper discretion has already been used by the lower appellate court, in the facts and circumstances, no further interference is called for by this court, moreso, when no substantial question of law arises. The original decree was passed by the trial court on 6.5.1988. The appeal has also been dismissed by the lower appellate court on 21.9.1999. Execution of decrees passed by the courts below have been stayed by this court. Under the circumstances, the defendant-appellants are now directed to vacate the suit premises within 30 days from today and also make payment of arrears within the aforesaid period, failing which, the plaintiff-respondents shall be at liberty to seek proper remedy for execution of the decrees passed by the courts below and the order passed by this court. The appeal stands disposed of accordingly. (Ashok Parihar) J.