JUDGMENT :

1. Heard learned counsel for the petitioners and Sri Ravi Shanker Pathak, learned counsel for the respondent.

2. Present petition has been filed with following prayer;

“It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the impugned order dated 11.04.2023 passed by Prescribed Authority/JSCC Agra in P.A. Case No. 42 of 2015, Anwar Uddin and Firoz Uddin (since deceased) and others.”

3. Since only legal question is involved, therefore, with the consent of the parties, without inviting for affidavits, the matter is being decided at the admission stage itself.

4. Learned counsel for the petitioners submitted that P.A. Case No. 42 of 2015 was filed by plaintiff-respondent. As petitioners-defendants had not appeared and trial Court vide order dated 04.01.2017 proceeded ex parte, upon which recall a application was filed, which was rejected vide order dated 03.07.2018. Both orders were challenged before this Court by filing Matters Under Article 227 No. 5779 of 2018, which was disposed of vide order dated 19.12.2022 with direction to the petitioner to deposit the cost of Rs. 1500/-on or before the 10th of Janu