Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1245 of 2018 Petitioner :- Ankur Respondent :- Civil Judge (S.D.), And 7 Others Counsel for Petitioner :- Ram Chandra Solanki
Hon'ble Manoj Kumar Gupta,J.
The principal prayer made in the instant petition is for issuing a direction to the trial Court to decide restoration application registered as Misc. Case No. 3/2018, arising out of Original Suit No. 113/1990, within a time stipulated by this Court and to direct the parties to maintain status quo, in the meantime.
A perusal of the record reveals that the application in question has been filed by the petitioner under Order 9, Rule 13 CPC and it was entertained by the Court on 10.1.2018, and notices have been issued fixing 24.2.2018, as the next date. The petitioner has rushed to this Court without even waiting for notice being served on the opposite parties, to enable the Court below to decide the matter on merits. Further, in case, any stay is required, it is always open to the petitioner to make request in that regard before the Court below, where application under Order 9, Rule, 13 CPC, is pending.
Subject to the aforesaid observations, the petition stands disposed of.
(Manoj Kumar Gupta, J) Order Date :- 27.2.2018 AM/-