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IN THE HIGH COURT OF PUNJAB AND HARYANA
DARSHAN SINGH, J.
DAVINDER PAL SINGH AND ANOTHER – Appellant
Vs.
NARINDER PAL SINGH AND OTHERS – Respondent
CR No.722 of 2016 (O&M)
Decided on : 12-04-2016
Revision Petition - Stay of Execution Proceedings - The court ordered a stay of the execution proceedings pending the decision of the application under Order 9, Rule 13 CPC for setting aside the ex parte judgment and decree. The trial court was directed to expedite the disposal of the application within five months.
Fact of the Case:
The petitioners filed an application under Order 9, Rule 13 CPC for setting aside the ex parte judgment and decree dated 25.11.2014. They sought a stay of the execution proceedings during the pendency of the application.
Finding of the Court:
The court found that it would not be appropriate to rush with the execution till the decision of the application under Order 9, Rule 13 CPC. It ordered a stay of the execution proceedings and directed the trial court to expedite the disposal of the application within five months.
Issues: Stay of Execution Proceedings, Application under Order 9, Rule 13 CPC
Ratio Decidendi: The court's decision was influenced by the pendency of the application under Order 9, Rule 13 CPC for setting aside the ex parte judgment and decree. It considered it inappropriate to proceed with the execution until the decision of that application.
Final Decision: The revision petition was disposed of, and the execution proceedings were stayed pending the decision of the application under Order 9, Rule 13 CPC. The trial court was directed to expedite the disposal of the application within five months.
Darshan Singh, J.
The present revision petition has been preferred against order dated 5.1.2016 passed by the Civil Judge (Jr. Division), Rajpura, whereby an application moved by the petitioners for staying the execution proceedings during the pendency of the application under Order 9, Rule 13 CPC for setting aside the ex parte judgment and decree dated 25.11.2014, has been dismissed.
2. Learned counsel for the parties have been heard.
3. This fact is not disputed that the application filed by the petitioners under Order 9, Rule 13 CPC for setting aside the ex parte judgment and decree dated 25.11.2014 is still pending. It will not be appropriate to rush with the execution till the decision of that application. So, the execution proceedings pending in the Court of Civil Judge (Jr. Division), Rajpura will remain stayed till the decision of the application under Order 9, Rule 13 CPC moved by the petitioners.
4. On the request of learned counsel for the respondents, the learned trial Court is directed to expedite the disposal of the application under Order 9, Rule 13 CPC. The same may be decided preferably within five months.
5. The present revision petition stands disposed of.
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