1. Heard learned advocate Mr. S.M. Kikani for the
appellant.
2. The present appeal is filed under Order 43, Rule 1 of the
Civil Procedure Code, 1908 (hereinafter referred to as the
“CPC”), challenging the judgment and order dated 9th January
2025 passed by the Principal Senior Civil Judge, Kathor below
Exhibit 5 in Special Civil Suit No. 28 of 2023.
3. As far as possible, the parties will be referred to as per
their original positions before the Trial Court.