WPMS No. 2651 of 2011 Hon’ble Tarun Agarwala, J. Sri Jitendra Chaudhary, the learned counsel for the petitioner. Having heard the learned counsel for the petitioner at some length, the Court is not inclined to interfere in the ex-parte appellate order passed in Misc. Civil Appeal No. 115 of 2011. The writ petition is dismissed and it would be open to the petitioner to file a stay vacating application before the lower appellate court and raise such objection with regard to the maintainability of the appeal. In the event, the said stay vacation application is filed by the petitioner, the lower appellate court will decide the appeal within a period of four weeks from the date of presentation of a certified copy of the order, after hearing learned counsel all the parties concerned. (Tarun Agarwala, J.) 16.12.2011 Aswal