In Brief
A cooperative housing society purchased 93.25 acres of land in 1980 and developed it into residential plots for its members. Unaware of the purchase, some original co-owners filed a partition suit in 2004 and obtained ex-parte decrees. The society challenged and obtained orders setting aside these decrees, finding proper service was lacking. The High Court reversed this and remanded for reconsideration. The Supreme Court held that the trial court's reasoned decision to set aside the ex-parte decrees was correct and the High Court should not have interfered, as the society deserved a fair opportunity to present its defence given its long possession and development of the property."
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