Court No. - 43

Case :- MATTERS UNDER ARTICLE 227 No. - 4287 of 2021

Petitioner :- Pradeep Kumar Kesarwani And Another

Respondent :- Ashish Gupta And Another

Counsel for Petitioner :- Saurabh Raj Srivastava

Hon'ble Vivek Varma,J.

Heard learned counsel for the petitioners.

The present writ petition has been filed seeking following

relief:

"(a) To issue appropriate order or direction, directing Civil Judge (Sr.

Div.) Allahabad to hear and decide the application under Order 9 Rule 13

CPC having Misc. Case No. 09 of 2019 Ashish Kumar Gupta (Adv.) &

another Vs. Pradeep Kumar Kesarwani & another filed against decree

dated 01.07.2019 arising out of P.A. Case No. 04 of 2018 Pradeep Kumar

Kesarwani & another Vs. Ashish Kumar Gupta (Adv.) & another,

expeditiously, preferable on day to day basis or in alternative within some

prescribed time frame without granting any unnecessary adjournment."

It is submitted that on 25.09.2018, the petitioners filed a

P.A.Case No. 04 of 2018, U/s 21 (1)(a) of U.P. Act No. XIII of

1972 (Pradeep Kumar Kesarwani & another Vs. Ashish Kumar

Gupta & others) before the court below. It is contended that on

01.07.2019 an exparte order wa