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2025 Supreme(Online)(P&H) 18765

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BANTA SINGH SINCE DECEASED THROUGH LR NISHAN SINGH – Appellant
Versus
DIWAN SINGH AND OTHERS – Respondent


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision :29.10.2025 BANTA SINGH SINCE DECEASED THROUGH LR NISHAN SINGH ... PETITIONER VERSUS DIWAN SINGH AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Nikhil Dogra, Advocate for the petitioner.

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PARMOD GOYAL, J. (ORAL)

1. The petitioner/JD is aggrieved by the impugned order dated 17.09.2025 (Annexure P-1) passed by Civil Judge (Junior Division), Guruharsahai, vide which the learned Executing Court dismissed the objections filed by the Judgment Debtor and issued warrants of possession with police help. 2. It is the case of petitioner/JD that a suit for possession was preferred by the respondent-plaintiff against the petitioner-defendant on 18.08.2018. In the said suit, petitioner-defendant was proceeded ex-parte vide order dated 20.03.2019 and subsequently, ex-parte judgment and decree were passed on

11.07.2024 against the defendant-petitioner.

3. Upon coming to know about the passing of the said ex parte decree, the petitioner-JD on 04.03.2025 preferred an application under Order IX Rule 13 of the Code of Civil Procedure, 1908, seeking setting aside of the order dated 20.03.2019 as well a

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