MATTERS UNDER ARTICLE 227 No. 848 of 2026 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 848 of 2026 Raj Kali .....Petitioner(s) Versus Swaminath .....Respondent(s) Counsel for Petitioner(s) : Arun Kumar Tripathi, Surya Deo Sharma, Yugal Tripathi Counsel for Respondent(s) : Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Arun Kumar Tripathi, learned counsel for the petitioner. 2. By means of the present petition, the petitioner is assailing the order dated 21.8.2024 passed by the Civil Judge (Junior Division), Court No. 26, Pratapgarh wherein he has allowed the application under Order 9 Rule 7 CPC wherein the suit proceedings had previously been directed to proceed ex parte against the defendants / opposite parties. 3. It has been submitted by learned counsel for the petitioner that a suit for specific performance was filed by the petitioner based on a agreement to sale dated 6.6.2018 whereby the opposite parties had agreed to sale half portion of land bearing Gata No.41 area 0.01265 hectares and Gata No. 41M area 0.0126 hectares situtaed in Village Banwarpur, Pargana Patti, Tehsil Raniganj, District Pratapgarh for a total consideration of Rs 3 lakhs out of which the petitioner had given