Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132274 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8547 of 2025 Petitioner :- Uddhav Ji Respondent :- Aniruddha Dubey And 2 Others Counsel for Petitioner :- Manish Kumar Pandey,Mukesh Dhar Dwivedi Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed for the following relief :-
"i. Issue a order or direction to set aside the order dated 11-02- 2025 passed by Civil Judge (Senior Division), Room No. 18, Deoria in Misc. Case No. 8 of 2024 (Aniruddha Dubey and others Vs. Uddhav Ji) in Original Suit No. 295/2020 (Uddhav Ji Vs. Aniruddha Dubey and others) as well as order dated 30-05-2025 passed by Additional District Judge, Room No. 3, Deoria, in Revision No. 08 of 2025 (Uddhav Ji Vs. Aniruddha Dubey and others). ii. Issue a order or direction to the learned trial court/ Civil Judge (Senior Division), Room No. 18, Deoria to postpone the further proceeding of Misc. Case No. 8 of 2024 (Aniruddha Dubey and others
Vs.
Uddhav
Ji)
till
the completion of the enquiry started by the In-charge officer, Civil Court, Civil Record Room, Deoira upon the application of the petitioner/plaintiff dated 06.12.2024 for searching out the missing notices/summons issued to the respondents/defendants."
3. This petition has been filed challenging the order dated 11.02.2025 passed by the Civil Judge, Senior Division, Court No.18, Deoria, on an application filed by the petitioner for staying the proceedings of application filed by the defendant under Order 9 Rule 13 on the ground that an enquiry is pending regarding removal of the summons and notices from the court file. The said application has been rejected. Revision filed by the petitioner has also been rejected.
4. Contention of the learned counsel for the petitioner is that till enquiry is completed, no orders should be passed in proceedings
under Order 9 Rule 13.
5. In my view, no illegality has been committed by the trial court in rejecting the application of the petitioner.
6. Accordingly, the present petition is dismissed. Order Date :- 6.8.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad