Allahabad High Court
SUNIL KUMARversusPRAMOD KUMAR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed without adjudicating the merits, and the lower court is directed to decide the Order IX Rule 13 CPC application within two months.
Summary
The petitioner Sunil Kumar filed a writ petition under Article 227 seeking to set aside a civil judgment and decree dated 19-11-2025 and the related execution proceedings, and to direct the lower court to expedite an application under Order IX Rule 13 CPC. The petitioner also requested a stay on creation of third‑party rights pending a miscellaneous case. After hearing, the petitioner withdrew the challenge to the order and asked that the lower court decide the Order IX Rule 13 application expeditiously. The High Court held that there was no merit in entertaining the writ petition and ordered the lower court to decide the application within two months, without passing any substantive judgment on the underlying dispute. The court expressly clarified that it had not adjudicated the case on its merits and disposed of the writ petition.
Issues considered
- Whether the writ petition challenging the civil judgment and decree should be entertained on merits or dismissed.
- Whether the lower court should be directed to decide the application under Order IX Rule 13 CPC expeditiously.
- Whether a third‑party right can be created pending the pending miscellaneous case.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 13
Subjects
- Article 227
- writ petition
- Civil Procedure Code
- Order IX Rule 13
- ex‑parte decree
- execution proceedings
- third‑party rights
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12980 of 2026
Sunil Kumar
.....Petitioner(s)
Versus
Pramod Kumar And Another
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Mishra, Devendra
Mishra, Saurabh Mishra
Counsel for Respondent(s) : Ashish Srivastava
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayers:-
"i. Issue order to set-a side the Judgment and decree dated 19.11.2025
passed by learned Civil Judge (J.D.) 1st, Bulandshahr in Civil Suit
No.303 of 2025 (Pramod Kumar Vs. Sunil Kumar & another) and entire
proceedings of Execution Case No. 44 of 2025 (Pramod Kumar Vs. Sunil
Kumar) pending in the court of learned Civil Judge (J.D.) 1st,
Bulandshahr.
ii. issue direction to the competent authority to inquire the matter with
regard to the conduct of learned Civil Judge (J.D.) 1st, Bulandshahr for
deciding the Civil Suit No. 303 of 2025 (Pramod Kumar Vs. Sunil Kumar
& another) and entire proceedings of Execution Case No. 44 of 2025
(Pramod Kumar Vs. Sunil Kumar) pending in the court of learned Civil
Judge (J.D.) 1, Bulandshahr.
iii. Issue direction that till disposal of Misc. Case No. 138 of 2026 (Sunil
Kumar Vs Parmod Kumar) under Order -9, Rule 13 C.P.C. no third party
right may be created by either of the party of the land in dispute.
iv. Issue direction to the learned Civil Judge (J.D.) 1st Bulandshahr to
decide the Misc. Case No. 138 of 2026 (Sunil kumar Vs. Pramod Kumar
& another) with in stipulated time as may be fixed by this Hon'ble court."
2. After some argument, learned counsel for the petitioner has given up
A227 No. 12980 of 2026
2
his challenge to the order impugned and submits that the application filed
under Order IX Rule 13 CPC by the defendants for recalling ex-parte
decree may be decided expeditiously.
3. As no useful purpose would be served in keeping the matter pending or
calling for counter affidavit or issuing notice to the private respondent, at
this stage, the writ petition is being disposed of requiring the Court below to
proceed and decide the application under Order IX Rule 13 CPC, in
accordance with law, after hearing all affected parties preferably within a
period of two months from the date of production of certified copy of this
order.
4. With the aforesaid direction, present writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 18, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
Checking your session…