Hon’ble Mrs. Sunita Agarwal, J.—The petition under Article 227 of the Constitution of India namely Civil Misc. Petition No. 2023 of 2016 (Shri Panchayati Akhara Mahanirvani Vaidik Sanatan Bhartiya Dharmik Sanskriti Sansthan v. Ram Prakash Pathak and another) has been filed challenging the judgment and order dated 1.2.2016 passed by the Additional District Judge, Court No. 8, Varanasi in SCC Revision No. 17 of 2015 (Ram Prakash Pathak v. Nagendra Upadhyay and another) filed by the respondent No. 1 whereby the Court below has set aside the order dated 30.5.2015 passed on the Application Paper No. 4 Ga under Order IX Rule 13 C.P.C and remanded the matter back to the trial Court to decide the said Application on merits after giving due opportunity of hearing to the parties concerned.

2. In the connected Writ Petition No. 58290 of 2014 (Shri Panchayati A.M.V.S.B.D.S. Sansthan v. A.D.J. Varanasi and others), the order dated 17.7.2013 passed by the Judge, Small Causes Court namely the Civil Judge, Varanasi in Misc. Case No. 83 of 2012 (Ram Prakash Pathak v. Nagendra Upadhyay) on application under Section 17 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as