Neutral Citation No. - 2025:AHC:52929 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3508 of 2025 Petitioner :- Smt Indubala And 2 Others Respondent :- Udham Singh Counsel for Petitioner :- Gaurav Singh Sirohi,Santosh Kumar Shukla Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "I. Issue an appropriate order or direction allow the instant petition by setting-aside the order dated 13.02.2025 passed by Civil Judge (SD)/Fast Track Court, Muzaffarnagar in execution Case No.8/2015 (Udham Singh Vs Balendra Singh) and further be direct the Civil Judge (SD) Muzaffarnagar to decide the restoration application filed by petitioners under order IX Rule 13 of CPC dated 20.01.2025 to recall the ex-parte judgment and decree dated 13.05.2015, passed in Original suit NO. 892/2012(Udham Singh Vs Balendra Singh). And stay the further proceedings of the execution case NO. 8/2015 pending before Civil Judge (SD)/Fast Track Court, Muzaffarnagar till final disposal of the application filed by petitioners under order IX Rule 13 of CPC." It is contended that the suit filed by the plaintiff-respondent was decreed ex-parte, against which, an application under Order 9 Rule 13 CPC was filed on 20.01.2025 which is pending consideration. It is further contended that the Execution Case No.8 of 2015 was filed by the decree holder, in which, objections preferred by the judgment debtor/petitioners has been rejected by the order impugned. As the petitioners have remedy of filing revision against the order dated 13.02.2025 rejecting the objections filed under Section 47 CPC, the writ petition is not maintainable and the same stands dismissed on the ground of alternative remedy. However, as far as the pendency of application under Order 9 Rule 13 CPC is concerned, no useful purpose would be served in keeping the matter pending or calling for counter affidavit, or issuing notice to the respondents and the Court below is hereby directed to proceed with the application filed under Order 9 Rule 13 CPC, and take a final call after hearing all the affected parties strictly, in accordance with law, preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid observations, writ petition stands disposed of. Order Date :- 10.4.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad