Judgment

Ms. Nidhi Gupta, J.

Challenge in the present Revision Petition is to order dated 24.10.2019 (Annexure P7) whereby application filed by the petitioner-defendant/judgment debtor, seeking stay of proceedings in Execution Petition No.0000174-2014 (Annexure P-4) till final decision in Civil Suit No.5237 of 2018 titled as “ Nisha through LRs Vs. Rajni ” (Annexure P5), has been dismissed; and to order dated 15.03.2022 (Annexure P11), whereby application filed by the petitioner for review of abovesaid order dated 24.10.2019, has also been dismissed. Both impugned orders have been passed by learned Civil Judge (Junior Division), Ludhiana/Executing Court in the Execution Petition dated 13.10.2001 (Annexure P-4) filed by the respondent-plaintiff/decree holder.

2. Brief facts of the case are that the respondent-plaintiff filed a Civil Suit No.269 of 13.09.1996 for possession by way of specific performance of agreements dated 01.07.1995 and 23.08.1995; and also for permanent injunction restraining the petitioner-defendant/Nisha Rani (Since Deceased) from alienating the property in dispute. Said Civil Suit was decreed ex-parte in favour of the respondent-plaintiff by way of judgement and decree dated 12.01.1999. Admittedly, the application under Order 9 Rule 13 CPC filed by the petitioner for setting aside of Ex-parte decree was dismissed in default on 03.09.2002. The application for restoration of the above said application was also dismissed by way of order dated 13.08.2008. Appeal against the above said orders dated 03.09.2002 and 13.08.2008 was dismissed by the learned Appellate Court vide judgement dated 16.08.2012. The petitioners’ revision petition against order dated 16.08.2012 was dismissed by this Court vide order dated 17.02.2018.

3. In the meantime, the respondent had filed Execution dated 19.04.1999 (Annexure P-2)/amended Execution Petition dated 13.10.2001 (Annexure P-4) seeking execution of the above said decree dated 12.01.1999. It is in this execution petition that the petitioner filed an application dated 15.10.2018 seeking stay of the execution proceedings. Vide the impugned order dated 24.10.2019 (Annexure P7), said application of the petitioner was dismissed. Vide the second impugned order dated 15.03.2022, the review application filed by the petitioner seeking review of the above said order dated 24.10.2019, has also been dismissed. Hence, present Revision petition.

4. It is inter alia, submitted by learned counsel for the petitioner that decree under execution dated 12.01.1999 (Annexure P1) passed in Civil Suit No.269 of 13.09.1996 is not enforceable and not binding on the rights of the petitioner as the same has been obtained by the respondent by playing fraud upon the Court. It is submitted that it is for this reason that the petitioner had filed Civil Suit No.5237 of 2018 (Annexure P5) for declaration that the judgment and decree dated 12.01.1999 is null and void. However, in the meantime the respondent had filed Execution Petition seeking execution of illegal decree dated 12.01.1999; in which the petitioner ‘immediately’ filed application dated 15.10.2018 (Annexure P6) seeking stay of the execution proceedings during pendency of the abovesaid Civil Suit No. 5237 of 2018. It is submitted that dismissal of the said application by the learned Executing/Civil Court vide impugned order dated 24.10.2019 (Annexure P7) is illegal and unfair and deserves to be set aside.

5. It is further submitted that the petitioner had sought review of order dated 24.10.201