IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 384 of 2010 (M/S) Shri Sunil Madan ………..Petitioner Versus Shri Bela Ram Batra …….Respondent Shri Neeraj Garg, learned counsel for the petitioner. Shri Jitendra Chaudhary, learned counsel for the respondent. Dated: 21st June, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner challenging the order dated 15.03.2010 passed by learned 4th Additional Civil Judge (Sr. Div.), Dehradun, in Original Suit No.343 of 2009, “Bela Ram Batra Vs. Sunil Madan.” The ground taken by the petitioner in the writ petition is that the order passed by the learned Trial Court is an ex-parte order and was passed without giving opportunity to the petitioner. The respondent filed the counter affidavit in which the preliminary objection on behalf of the respondent/ plaintiff is taken that the petitioner, prior to approaching to this Court, should have moved a recall application before the learned Trial Court, but same has not been done and the petitioner directly came to the Court and in view of this fact the petition is premature and is not maintainable. 2 Learned counsel for the petitioner submitted that in view of the objection raised by the respondent, the writ petition be disposed of by granting a liberty to the petitioner to move a recall application and the Trial Court be directed to hear the case expeditiously. Learned counsel for the respondent agreed for the same. In view of the aforesaid submission of the parties, the writ petition is disposed of by granting the permission to the petitioner to move an application for recalling the order before the Trial Court. The petitioner is permitted to raise the grounds, which he has taken in this writ petition. In case such application is filed, the Trial Court is directed to consider the application of the petitioner on its merit and decide the same expeditiously. With these direction the writ petition is disposed of. Stay Application also stands disposed of. (V.K. Bist, J.) Arpan 21.06.2010