Mohd Akhlaq Siddiqui v. Vaibhav Goyal
Case brief
What is this about?
Uttarakhand High Court, Nainital; Writ Petition Misc. Single No. 2624 of 2025; Article 227 writ petition dismissed in limine by Justice Pankaj Purohit on 09.09.2025; petitioner-plaintiff Mohd Akhlaq Siddiqui sought expedition of Misc. Case No.163 of 2024 (Vaibhav Goyal and Another v. Mohd. Naseem and Others, registered 31.07.2024), the Order 9 Rule 13 read with Section 151 CPC application of respondent Nos.1 and 2-defendants before Third Additional Civil Judge (Senior Division), Dehradun to set aside ex-parte judgment dated 20.02.2024 in Original Suit No.293 of 2019 (Mohd. Naseem and Ors. v. Mohd. Sameer and Ors.); counsel: Ms. Prabha Naithani; held: no occasion for expedition as decree already in petitioner's favour; no precedent cases cited; no monetary figures involved.
What did the court decide?
Since the judgment and decree already stands passed in favour of the petitioner-plaintiff, there is no occasion for the petitioner-plaintiff to obtain expeditious hearing of the Order 9 Rule 13 / Section 151 CPC application moved by respondent Nos.1 and 2-defendants.