JUDGMENT :

ROHIT RANJAN AGARWAL, J.

1. These two appeals filed under Order XLIII Rule 1 (s) of Civil Procedure Code, 1908 (hereinafter called as ‘CPC’) arise out of order dated 17.01.2024 and order dated 31.01.2024 passed by the District Judge, Varanasi on application 9-C filed under Order XL Rule 1 CPC in Original Suit No. 34 of 2023 (Shailendra Kumar Pathak vs. Committee of Management Anjuman Intezamia Maszid and Another).

2. F.A.F.O. (Defective) No. 136 of 2024 (New Number 226 of 2024) was nominated to this Court by orders of Hon’ble Acting Chief Justice dated 01.02.2024. F.A.F.O. (Defective) No. 156 of 2024 (New Number 227 of 2024) was nominated to this Court by the orders of Hon’ble the Chief Justice dated 06.02.2024. F.A.F.O. No. 227 of 2024 arises out of order dated 17.01.2024, while F.A.F.O. No. 226 of 2024 arises out of order dated 31.01.2024 passed by the District Judge, Varanasi.

3. Both these appeals are heard together with the consent of both the parties and are being decided together by a common judgment and order.

FACTS

4. The facts leading to filing of these two appeals are, that plaintiff respondent no. 1, Shailendra Kumar Pathak ‘Vyas’ filed an Original Suit No. 844 of