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2023 Supreme(P&H) 1844

VIKRAM AGGARWAL
Anita Sachedva – Appellant
Versus
Anita Syal – Respondent


Advocates appeared:
For the Parties : Mr. Sunil Tiwari, Ms. Shubhpreet Kaur, Mr. Om Pal Sharma

Judgment

Mr. Vikram Aggarwal, J.

The present revision petition is directed against the order dated 17.07.2023 (Annexure P-9) passed by the Civil Judge (Junior Division), Ludhiana vide which the application filed by the petitioners for staying the operation and execution of the ex parte judgment and decree dated 03.08.2012 (Annexure P-1) during the pendency of the application (Annexure P-5) under Order 9 Rule 13 CPC was dismissed.

2. The facts, as emanating from the revision petition, are that a suit for recovery of ¹ 31,48,700/- (¹ 18,30,639/- as principal amount and Rs. 13,18,061/- as interest @ 24% per annum) was filed by the respondents/DHs against the petitioners-JDs. This suit was decreed ex parte on 03.08.2013. Execution petition was filed. The execution petition was, however, sent to Delhi by the Executing Court at Ludhiana. The petitioners-JDs appeared before the Executing Court at Delhi on 03.12.2021 (Annexure P-3). Thereafter, an application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and decree was filed by the petitioners-JDs at Ludhiana. Alongwith the said application, an application (Annexure P-6) for stay of operation of the judgment and decree in

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