9 September vs Vaibhav Goyal And Ors
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Uttarakhand High Court

9 September vs Vaibhav Goyal And Ors on 9 September, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2025:UHC:7964



HIGH COURT OF UTTARAKHAND AT NAINITAL
      Writ Petition Misc. Single No. 2624 of 2025
                       09 September, 2025

Mohd Akhlaq Siddiqui                                    --Petitioner

                              Versus

Vaibhav Goyal and Ors.                              --Respondents
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Presence:-
      Ms. Prabha Naithani, learned counsel for the
      petitioner-plaintiff.

Hon'ble Pankaj Purohit, J. (Oral)

This writ petition filed by the petitioner- plaintiff under Article 227 of the Constitution of India, for a direction to learned Third Additional Civil Judge (Senior Division), Dehradun, to decide the Misc. Case No.163 of 2024 Vaibhav Goyal and Another Vs. Mohd. Naseem and Others, filed by the respondent under Order 9 Rule 13 CPC read with 151 CPC, for setting aside ex-parte judgment dated 20.02.2024 passed by learned Third Additional Civil Judge (Senior Division), Dehradun.

2. It is contended by learned counsel for the petitioner-plaintiff that the Original Suit has been filed by the petitioner and others bearing Original Suit No.293 of 2019 Mohd. Naseem and Ors. Vs. Mohd. Sameer and Ors., which was decided ex-parte in favour of the petitioner-plaintiff vide judgment and decree dated 20.02.2024.

2025:UHC:7964

3. It is further contended by her that against the said ex-parte judgment and decree, respondent Nos.1 and 2-defendants has moved an application under Order 9 Rule 13 read with Section 151 CPC, which was registered as Misc. Case No.163 of 2024 Vaibhav Goyal and Another Vs. Mohd. Naseem and Others, on 31.07.2024. Now, the petitioner-plaintiff wants that application moved by respondent Nos.1 and 2-defendants to be decided expeditiously.

4. Since, the judgment and decree is passed in favour of the petitioner-plaintiff, therefore, there is no occasion for the petitioner-plaintiff to get the expeditious hearing of the application under Order 9 Rule 13 read with Section 151 CPC moved by the respondent Nos.1 and 2-defendants.

5. In view of the aforesaid, no case is made out for the petitioner-plaintiff for expedition of the case. Thus, the present writ petition has no force and the same is accordingly dismissed in-limine.

(Pankaj Purohit, J.) 09.09.2025 PN PREETI

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=63c75a8c4765581180a58d7478fadbe 38331bac55c78b5f9f0276c16432f6aab,

NEGI postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81 FAE064498483A83D84BDB0F9229D5BF08D959 AC, cn=PREETI NEGI Date: 2025.09.09 15:54:49 +05'30'