IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 205 Date of decision: 22.09.2025

1. CR-2721-2023 (O&M)

Beero Devi ...Petitioner(s)

Vs.

Nirmala and another ...Respondent(s)

AND

2. CR-2126-2023 (O&M)

Beero Devi ...Petitioner(s)

Vs.

Nirmala and another ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Kshitij Sharma, Advocate for the petitioner in both the cases.

Mr. Alok Mittal, Advocate for the respondents in both the cases.

***

NIDHI GUPTA, J.

CR-2721-2023 (O&M)

Present Civil Revision Petition has been filed by the defendant/judgment debtor against the order dated 08.02.2023 (Annexure P-1); whereby application filed by the petitioner before the learned District Judge, Bhiwani permitting the petitioner to pursue Civil Appeal as indigent person, had been dismissed.

CR-2126-2023 (O&M)

DIVYANSHI Present Civil Revision Petition has been filed by the defendant/judgment debtor against order dated 20.12.2022 (Annexure P-1); whereby although application of the petitioner for setting aside exparte proceedings against her, has been set aside by the learned Additional Civil Judge (Senior Division), Bhiwani; however, petitioner has been permitted to appear in Execution Petition from that stage only; and against order dated 04.02.2023 (Annexure P-1-A); whereby the Civil Miscellaneous Appeal filed by the petitioner against the aforesaid order dated 20.12.2022, has been dismissed by Addl. District Judge, Bhiwani.

2. Both the above said Civil Revision Petitions are being disposed of by this common order as both emanate from the same judgment and decree dated 11.5.2022 and are between the same parties in respect of the same suit property. However, each matter is individually considered on merits. For the sake of convenience, facts are being drawn from CR-2721-2023 titled as “Beero Devi vs. Nirmala and another.”

3. Brief facts of the case in chronological order are as follows: - 01.10.2016: The plaintiffs/respondents had filed a suit dated 01.10.2016 for possession by way of specific performance and permanent injunction.

11.05.2022: Suit of the plaintiffs was decreed with costs vide judgment and decree dated 11.05.2022 (Annexure P-2) with the finding that the plaintiffs had succeeded in proving Agreement, as well as their readiness and willingness. Accordingly, a direction was issued to the plaintiffs to DIVYANSHI deposit balance sale consideration before the Court; and further direction to the defendant to execute Sale Deed in favour of the plaintiffs within 1 month from date of receiving/deposit of balance sale consideration.

23.05.2022: Against the said judgment and decree dated 11.05.2022 (Annexure P-2), petitioner/defendant had filed Civil Appeal dated 23.05.2022; alongwith the application (Annexure P3) under Order 22 Rule 2 seeking leave of Court to file the Civil Appeal being indigent person.

25.07.2022: On 25.07.2022, plaintiffs duly deposited remaining amount of sale consideration as directed vide judgment dated 11.05.2022.

28.07.2022: Thereafter, on dated 28.07.2022, the decree holder filed Execution Petition as evident from the zimni order Annexure P-4.

05.08.2022: In the said Execution Petition, the petitioner was proceeded against ex parte vide order dated 05.08.2022 (Annexure P-4-B). The said order reads as follows: -

“Notice issued to JD received back with the report of refusal. Case has been called several times since morning but no one has appeared on behalf of JD. It is already 03:45 PM. Further wait is not justified. Hence, JD is hereby proceeded against ex parte.

Now, to come up on 31.08.2022 for arguments.”

03.10.2022: Vide order dated 03.10.2022 (Annexure P-4-C), Local Commissioner was appointed for registration of Sale Deed in favour of Decree holder.

DIVYANSHI

18.11.2022: On 18.11.2022, order of warrants of possession was issued against the petitioner.

12.12.2022: Thereafter, petitioner filed application dated 12.12.2022 (Annexure P-5) for setting aside the exparte order dated 5.8.2022, claiming therein that she had discovere