2025:UHC:5157 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1776/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Suryakant Maithani, Advocate for the petitioner. (2) Petitioner has challenged the order dated 21.4.2025, passed by 4th Additional Civil Judge (Sr. Div.), Dehradun in Misc. Case No. 135 of 2024. By the said order, application made by petitioner for dismissing execution proceedings was rejected. (3) It is not in dispute that a suit for specific performance was filed by respondents against petitioner, which was decreed ex parte. Petitioner thereafter moved an application under Order 9 Rule 13 CPC for setting aside ex parte decree and the same is pending before the Court concerned. Meanwhile, decree holder put the decree to execution. In the execution proceedings, petitioner prayed that execution proceedings be closed as his application for setting aside ex parte decree is pending before the Trial Court. The said prayer has been rejected by the executing court. (4) This Court does not find any reason to interfere with the order impugned in the writ petition, as unless the application under Order 9 Rule 13 CPC is allowed, execution proceedings cannot be closed. At best, petitioner could have sought to keep the execution 2025:UHC:5157 proceedings in abeyance till disposal of his application under Order 9 Rule 13 CPC, which prayer he never made. Thus the Court below was justified in rejecting petitioner’s application for closure of execution proceedings. Thus there is no scope for interference with the impugned order. However, since petitioner’s application under Order 9 Rule 13 CPC is pending, therefore, writ petition is disposed of with a request to Court concerned to consider and decide petitioner’s application within nine months from the date of production of certified copy of this order. (Manoj Kumar Tiwari, J.) 19.6.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.06.19 19:05:14 +05'30' 2025:UHC:5157