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Present Civil Revision Petition under Article 227 of the Constitution of India has been filed by the defendant/petitioner for setting aside order dated 27.10.2025 (Annexure P-10); whereby learned Executing Court appointed Local Commissioner for getting the sale deed registered and call for the report on 20.11.2025 in violation of the order dated 13.06.2024 vide which Ld. Additional District Judge, Rupnagar has stayed the execution of sale deed on the basis of judgment and decree dated 22.11.2021 illegally and arbitrarily without any justification while passing a non-speaking order.

2. On 16.04.2026 after hearing learned counsel for the parties at considerable length, following order came to be passed by this Court:-

“1. The present revision petition has been filed by petitioner/ defendant/Judgment-Debtor seeking setting aside of order dated 27.10.2025 (Annexure P-10) passed by the learned Executing Court, whereby Local Commissioner was appointed for getting the sale deed registered; in violation of interim order dated 13.06.2024 (Annexure P-8) passed by the learned Additional District Judge/Vacation Judge, Rupnagar, vide which execution of sale deed for the sale of suit land on the basis of judgment and decree dated 22.11.2021 was stayed.

2. It is, inter alia, submitted by learned counsel for the petitioner/defendant/Judgment-Debtor that the respondent/plaintiff/Decree–Holder had filed a Civil Suit bearing No. CS-940-2020 dated 15.12.2020 seeking possession as owner by way of specific performance of Agreement to Sell dated 06.08.2019. Vide ex parte judgment and decree dated 22.11.2021 (Annexure P-1), the learned Civil Judge (Junior Division), Rupnagar, had decreed the suit of respondent/plaintiff as follows:-

“12. Accordingly, in view of the above discussion, the suit of the plaintiff succeeds. Resultantly, the suit of the plaintiff stands decreed with costs. The plaintiff is hereby granted the relief of possession by way of specific performance of agreement to sell dated 06.08.2019. The plaintiff is directed to deposit the balance amount of sale consideration in the court within 01 month. The defendant is hereby directed to execute the sale deed in favour of the plaintiff within a period of 02 months from the date of deposit of the balance sale consideration by the plaintiff. Further, the plaintiff is also granted the consequential relief of permanent injunction and the defendant is hereby permanently restrained from alienating, creating any charge or encumbrance and changing the nature of the suit land. Decree sheet be prepared accordingly. File be consigned to record room after due compliance.”

3. Being aggrieved, the petitioner had moved an application dated Nil (Annexure P-4) under Order IX Rule 13 CPC for setting aside the ex parte judgment and decree dated 22.11.2021; which was dismissed by the learned trial Court vide order dated 07.05.2024 (Annexure P-5).

4. Against the same, the petitioner had preferred Civil Appeal No. 164 of 2024 (Annexure P-6) before the learned Additional District Judge, Rupnagar, which is still pending adjudication. In the said Civil Appeal, the learned Additional District Judge/Vacation Judge, Rupnagar, vide order dated 13.06.2024, had stayed execution of sale deed for the sale of suit land on the basis of ex parte judgment and decree dated 22.11.2021 (Annexure P-1). It is contended that despite the stay granted by the learned Additional District Judge, vide order dated 13.06.2024 (Annexure P-8), the learned Executing Court vide impugned order dated 27.10.2025 (Annexure P-10), had appointed a Local Commissioner for getting the sale deed registered in favour of respondent/plaintiff/Decree-Holder. It is further submitted that the aforesaid Civil Appeal (Annexure P 6) is now pending for hearing before the learned Additional District Judge, Rupnagar for 05.05.2026.

5. Per Contra, learned counsel for the respondent/plaintiff-Decree-Holder vehemently opposes the submissions advanced on behalf of