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2016 Supreme(P&H) 3316

REKHA MITTAL
MAKHAN SINGH – Appellant
Versus
HARBANS LAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Raman Goklaney, Advocate

JUDGMENT :

Rekha Mittal, J.

The present petition directs challenge against order dated 10.10.2016 (Annexure P-1) passed by the Civil Judge (Junior Division), Ferozepur whereby objections filed by the petitioners/judgment debots have been dismissed.

2. Counsel for the petitioners has submitted that the respondent/plaintiffs filed a suit for possession of land, detailed in head note of the plaint that was decreed ex parte vide judgment and decree dated 10.9.2012 passed by the Additional Civil Judge (Senior Division), Ferozepur. The respondents filed an application for execution of the decree and in the execution proceedings, warrants of possession were issued on the basis whereof the petitioners learnt about passing of the ex parte judgment and decree dated 10.9.2012. They filed an application for setting aside the ex parte judgment and decree in October 2015 and the same is pending adjudication after framing of issues but the parties are yet to adduce their evidence. It is argued that the petitioners filed objections/reply in the execution proceedings with a prayer to stall the execution process till the application for setting aside ex parte judgment and decree is decided by the Court











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