Neutral Citation No. - 2025:AHC:116999 Court No. - 34 Case :- WRIT - C No. - 22915 of 2025 Petitioner :- Ram Khelawan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i. issue a writ, order or direction in the nature of mandamus directing the Sub Divisional Officer, Khaga, District Fatehpur before whom application under order 9 rule 13 Civil Procedure Code, stay application is pending may be decided to conclude the proceeding in suit No. 202402250309092 on day- to-day basis without granting any adjournment to either of the parties and further stay the execution of decree in execution case number in the said suit No. 202402250309092." 2. It is contended by learned counsel for the petitioner that in the partition suit, an application under Order IX Rule 13 CPC has been preferred against final decree which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the same. 3. 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, with a direction upon respondent no. 2 to decide the application under Order IX Rule 13 CPC pending in Suit No. 202402250309092, in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 18.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad