MOHAMMED YUNUS Vs. RAHEES AHMED

JUDGEMENT

(1.) The petitioners, who are the defendants in O.S. No. 14 of 1999 have challenged the order dated 22 May 2017, passed by the District Judge, Bulandshahar in Civil Revision No. 57 of 2017 as well as the order dated 23 September 2016, passed by Additional Civil Judge ( Junior Division), Khurja, Bulandshahar in Original Suit No. 14 of 1999. The petitioners have further prayed for allowing the application under Section 10 of Code of Civil Procedure,1908 (hereinafter referred to as C.P.C.) staying the proceedings of O.S. No. 14 of 1999 (Rahees Ahmad vs. Mohd. Yunus and others) during the pendency of the previously instituted suit No. 349 of 1983 (Abdul Azeez Vs. Sameena and others).

(2.) On 23 October 2017, notices were directed to be issued to the sole respondent both by registered post as well as Dasti and the matter was directed to be listed on 15 November 2017. On 15 November 2017, an affidavit of service was filed on behalf of the petitioners which was taken on record by the Court and the Court recorded that the notice is sufficient on the respondent and that the Court may proceed against the respondent. However, in the interest of justice, the Court directed that the matter be listed again on 24 November 2017.

(3.) Heard Shri Ravi Anand Agarwal, learned counsel for the petitioner. No one has appeared for the respondent.