Neutral Citation No. - 2025:AHC:145860 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4257 of 2023 Petitioner :- Laxmikant Shukla Respondent :- Smt. Surya Devi Counsel for Petitioner :- Manish Tandon Counsel for Respondent :- Mahabir Yadav,Vijay Kumar Kushwaha Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant petition has been filed for the following relief: "i. Set-aside/quash the impugned order dated 22.03.2023 passed by District Judge Kanpur Nagar, in Civil Revision No. 100/2023 (UPKNO. 010020562023) "Laxmikant Shukla vs. Smt. Surya Devi", and also the impugned order dated 10.01.2023 passed by Judge Small Causes Court Kanpur Nagar, in Misc. Case No. 41/74 of 2019 (Laxmikant Shukla vs. Smt. Surya Devi)." 3. Brief facts of the case are that an ex-parte decree was passed against the petitioner who was defendant in the suit on 12.10.1998. An application under Order IX Rule 13 was moved by the petitioner for recalling the ex-parte decree dated 12.10.1998 on 16.5.2005. The application filed under Order IX Rule 13 was dismissed in default on 7.5.2011. Thereafter, the petitioner filed a recall application for recalling the order dated 7.5.2011 on 7.5.2011 itself but the said application was also dismissed in default by the order dated 7.7.2012. Another restoration application dated 8.8.2013 was filed by the petitioner for recalling the order dated 7.7.2012 and the said application again dismissed in default on 23.2.2019. Thereafter, the petitioner filed a recall application dated 13.3.2019 which is still pending as Misc. Case No.41/74 of 2019. 4. Contention of learned counsel for the petitioner is that despite pendency of the restoration application, the Executing Court is going to execute the decree. 5. In my view, no useful purpose would be served in keeping this petition pending as the application for recall dated 13.3.2019 is still pending before the trial court. 6. Accordingly, the present petition stands disposed of finally with a direction to the trial court to consider and decide the Misc. Case No.41/74 of 2019, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. 7. It is made clear that this Court has not examine the matter on merits. Order Date :- 23.8.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad