IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1554 of 2005 (M/S) Smt. Mamta and another ……… Petitioners Versus Additional District Judge, Dehradun and others ………. Respondents ………. Mr. Alok Singh, Senior Advocate with Miss. Nilima Mishra, Advocate for the petitioners. Mr. Manoj Tiwari and Mr. Jitendra Chaudhary, Advocates for respondents 4 to 6. Hon’ble V.K. GUPTA, C. J. It is stated at the Bar by the learned counsel for the parties that the appeal filed against the ex parte decree in question as well as setting aside application filed under Order 9 Rule 13 C.P.C., both are pending in the Appellate Court and the Trial Court, respectively. It is also stated at the Bar that Order 9 Rule 13 application being tagged with the original suit file, actually is in the physical custody of learned Appeal Court. After hearing the learned counsel for the parties, the following agreed order is passed: The learned Appeal Court shall return the record of the Trial Court (Suit File) along with the record of Order 9 Rule 13 application. The plaintiffs shall file objections to the Order 9 Rule 13 application in two weeks from today. The parties undertake before me not to lead any evidence in any manner in Order 9 Rule 13 application. Accordingly, the learned Trial Court, after hearing the parties, shall decide and dispose of Order 9 Rule 13 application only on the basis of the pleadings in that application as well as the record of the suit. Mr. Manoj Tiwari’s clients undertake to communicate this order both to the learned Trial Court as well as Appeal Court. 2 The parties are directed to appear in the Court of Civil Judge (Senior Division), Dehradun on 16.04.2009. The learned Trial Court is directed to dispose of Order 9 Rule 13 application positively before 30.04.2009. Till the application is disposed of, the proceedings in the appeal shall remain stayed. With the above directions, the writ petition stands disposed of. (V. K. Gupta, C. J.) 26.03.2009 A