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2019 Supreme(P&H) 629

AMOL RATTAN SINGH
Mahesh – Appellant
Versus
Kasturi Lal Sehgal – Respondent


Advocates Appeared:Mr. Sandeep Sharma, Advocate, for the petitioners.

JUDGMENT

Mr. Amol Rattan Singh, J. (Oral) - By this petition, the petitioners (judgment debtors) have challenged the order of the Civil Judge (Jr. Divn.), Jalandhar (executing court), dated 07.01.2019, by which their objections filed in the execution petition, have been dismissed and a warrant of possession has been ordered to be issued.

2. Pursuant to the order dated 23.01.2019, Mr. Manmeet Singh Rana, Advocate, appears for the respondent and has filed a power of attorney in his favour, which is taken on record.

3. Learned counsel for the respondent has submitted that the petitioners having duly appeared before the trial court and even having filed their written statement in the suit and thereafter having chosen not to appear, they were naturally proceeded against ex parte, with the judgment and decree having been passed thereafter against them.

4. He therefore submits that pendency of an application filed under Order 9 Rule 13 CPC seeking the setting aside of the said judgment and decree on that ground should not act as a bar or hindrance to the respondent decree-holder in getting the decree executed.

5. Whereas what learned counsel for the respondent has submitted may not be wit



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