Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2816 of 2018 Petitioner :- Laxmi Devi Respondent :- Udaibhan And 3 Others Counsel for Petitioner :- Om Prakash Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the order dated 22.2.2018 passed by the District Judge, Azamgarh in Civil Revision No. NIL of 2018 (Smt. Laxmi Devi and others vs. Udaibhan and others) as well as order dated 6.2.2018 passed by the Civil Judge (Junior Division), City, District, Azamgarh in Misc. Case No. 145 of 2014 (Udaibhan vs. Laxmi).
By the impugned order, the delay condonation application filed by the defendant-respondents along with an application under Order 9 Rule 13 CPC has been allowed on payment of cost. The revision against the same filed by the plaintiff-petitioner was dismissed.
Admittedly, the service was effected by newspaper publication.
Admittedly, the application under Order 9 Rule 13 CPC is still pending to be decided on merits.
As such, I do not find any good ground to interfere with the order impugned herein.
The petitioner may contest the aforesaid application on merits.
However, In view of the order of the Executing Court dated 25.5.2016, parties are directed to maintain status quo during the pendency of the application.
Present petition stands disposed of with the aforesaid observations/directions. No order as to costs.
Order Date :- 24.4.2018 Abhishek