Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6364 of 2019 Petitioner :- Praveen Pandey Respondent :- Durga Prasad Pandey And 9 Others Counsel for Petitioner :- Manoj Kumar Tiwari Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed challenging the order dated 25.7.2019, whereby the trial court in course of hearing application filed by the petitioner alongwith his adoptive mother Gayatri Devi for setting aside the exparte decree dated 18.11.2016 in Original Suit No.1473 of 2013 has rejected the stay application filed by them. The court has observed that it will decide the application under Order 9 Rule 13 CPC itself expeditiously.
By exparte decree dated 18.11.2016, the adoption deed whereby the petitioner was adopted by Smt. Gayatri Devi and Bhullan Pandey has been cancelled. The petitioner, who got employment on compassionate basis after death of his adoptive father Bhullan Pandey, has been issued notice by the office of District Basic Education Officer, Deoria based on decision in the suit as to why action should not be taken against him for having obtained employment illegally.
Counsel for the petitioner points out that salary of the petitioner has also been stopped. He submitted that in view of these facts, there was extreme urgency in the matter but the court below, without considering the said facts, has rejected the stay application in a mechanical manner.
Although, while rejecting the stay application, the court observed that it will decide application under Order 9 Rule 13 expeditiously, as there is no possibility of delay but a perusal of the order sheet reveals that since then four dates have already been fixed in the matter, but the application under Order 9 Rule 13 remains undecided.
Having regard to the entire facts of the case, the instant petition is disposed of with direction to the trial court to decide the application under Order 9 Rule 13 CPC expeditiously, preferably within a period of four weeks from the date of production of a certified copy of the instant order. It is further provided that till the application under Order 9 Rule 13 is decided, the effect and operation of the exparte decree dated 18.11.2016 shall remain in abeyance. In case any adjournment is sought by the petitioner or co-applicant Smt. Gayatri Devi, the protection granted by this Court would stand vacated automatically. In case the plaintiff-respondents feel aggrieved by the instant order, it shall be open to them to apply for recall/modification of the same.
(Manoj Kumar Gupta, J) Order Date :- 27.9.2019 SL