Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No.276 of 2008 Sri Mahesh Yadav ………. Petitioner Versus Smt. Chandrakala and others. ……… Respondents ……………….. Sri B.S.Parihar and Sri Anant Kumar, learned counsel for the petitioner. Sri Sharad Sharma and Ms.Prabha Noliyal, learned counsel for the respondent No.1. Sri Sudhir Kumar, learned Brief Holder for the State/respondent Nos. 2 & 4. Date: Aug. 29,2008. Hon’ble P.C.Verma,J. This writ petition is directed against the interlocutory order dated 25.01.2008 passed by the Assistant Collector 1st Class, Dehradun in Miscellaneous Application No.52/2007-08 moved in Original Suit No.54/2005-06, under Section 229 of U.P. Zamindari Abolition and Land Reforms Act. 2. It appears from the record that the suit filed by the plaintiff (petitioner herein) was decreed exparte by the Assistant Collector. For recall of the order dated 14.11.2006 and restoration of the case, application under Order 9 Rule 13 of Civil Procedure Code was moved by the defendant-Smt.Chandrakal . On the said application, the Assistant Collector invited objection and fixed 28.01.2008. He also stayed the operation of judgment 2 and order dated 14.11.2006. After the stay of the order dated 14.11.2006, the appeal was filed against the said order could not be proceeded with and in case the order dated 14.11.2006 is recalled, appeal will be rendered infructuous and the case will be decided by the court on merit. Therefore, I am not inclined to interfere with the order dated 25.01.2008 impugned in the writ petition and it is in the interest of justice that the trial court i.e. Assistant Collector 1st Class, Dehradun may be directed to take decision on the application under Order 9 Rule 13 Civil Procedure Code within a period of one month from the date of production of certified copy of this order. 3. The writ petition is disposed of accordingly. (P.C.Verma,J.) 29.08.2008 P.Singh