Neutral Citation No. - 2025:AHC:30088 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2101 of 2025 Petitioner :- Vishan Chandra Rastogi Respondent :- Munajir Hussain And Another Counsel for Petitioner :- Priyanka Sharma,Vijay Kumar Hon'ble Rohit Ranjan Agarwal,J. 1. Heard Ms. Priyanka Sharma, learned counsel for the petitioner and perused the material on record. 2. This is plaintiff's petition. In a suit instituted by the plaintiff- petitioner, an ex parte decree was passed on 15.12.2021. Against the ex parte decree, the defendant-respondent filed an application under Order IX, Rule 13 C.P.C. for setting aside the ex parte decree. He thereafter also preferred civil appeal under Section 96 C.P.C. 3. It is contended that during pendency of the application under Order IX, Rule 13 C.P.C., civil appeal filed under Section 96 C.P.C. was decided on 18.10.2024 and the appeal filed by the defendant-respondent was dismissed. The present petition has been filed for setting aside the proceedings of Misc. Case No.11 of 2022 (Munazir Hussain and another vs. Vishan Chand Rastogi) under Order IX Rule 13 C.P.c. initiated by the defendant-respondent as he civil appeal itself has already been decided on 18.10.2024, which was preferred against ex parte decree. 4. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents directing the trial Court to consider and pass necessary order on the application filed under Order IX Rule 13 C.P.C., which has been registered as Misc. Case No.11 of 2022, within a period of one month from the date of production of a certified copy of this order considering the judgment of appellate Court dated 18.10.2024 dismissing the civil appeal filed by the defendant-respondent. 5. With the aforesaid direction, present writ petition stands disposed of. Order Date :- 4.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad