Neutral Citation No. - 2025:AHC:142625 Court No. - 34 Case :- WRIT - C No. - 30257 of 2024 Petitioner :- Manoj Kumar Respondent :- State Of UP And 4 Others Counsel for Petitioner :- Ishir Sripat,Saurabh Patel,Sr. Advocate Counsel for Respondent :- Ankur Azad, Mayank Singh,C.S.C.,Sunil Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Ankur Azad, learned counsel appearing for private respondent no. 5. 2. It is contended that already a suit filed under Section 9 of U.P. Consolidation of Holdings Act was decided between the parties. Subsequently, proceedings under Section 144 of U.P. Revenue Code, 2006 were initiated by private respondent no. 5, which was registered as Suit No. 1878 of 2018. An application under Order VII Rule 11 CPC was filed by the petitioner, which is pending consideration. During pendency of the said suit, the private respondent had filed an application under Section 10 CPC for staying the proceedings of the suit instituted by him. The court below has proceeded to decide the said application and has directed that as a writ petition is already pending consideration before this Court being Civil Misc. Writ Petition No. 1005 of 2003, the suit filed by respondent no. 5 cannot proceed. 3. After hearing learned counsel for the parties and perusing the material on record, this Court finds that application under Section 10 CPC is not maintainable in the instant case as there is no other suit pending between the parties and only a writ petition is pending in which no interim order is operating. The application filed under Order VII Rule 11 CPC by the petitioner needs to be adjudicated. 4. In view of the said fact, the order dated 22.8.2024 passed by respondent no. 3 in Suit No. 01878 of 2018 is hereby set aside. The matter is remitted to respondent no. 3 to proceed with the matter and decide the application filed under Order VII Rule 11 CPC, in accordance with law, within a period of two months from the date of receipt of certified copy of this order. 5. Writ petition stands allowed. Order Date :- 20.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad