Siraj Alias Suraj vs Sumit Jain
2023 Latest Caselaw 9511 P&H

                                                       Neutral Citation No:=2023:PHHC:085067



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Civil Revision No. 3760 of 2023                                          2023:PHHC: 085067

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH

                           Civil Revision No. 3760 of 2023(O&M)
                           Date of Decision: 06.07.2023

Siraj @ Suraj

                                                                     ...Petitioner
Versus


Sumit Jain
                                                                  ...Respondent


CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:-    Mr. Sherry K. Singla, Advocate
             For the petitioner.
                   ***

KARAMJIT SINGH, J.

1. The present revision petition has been preferred against order

dated 30.05.2023 passed by the Court of Civil Judge(Jr.Divn.), Malerkotla

whereby an application moved by the petitioner for staying the execution

proceedings during the pendency of the application under Order 9 Rule 13

CPC for setting aside the ex parte judgment and decree dated 09.12.2021,

has been dismissed.

2. I have heard the counsel for the petitioner.

3. Admittedly, the application filed by the petitioner under Order

9 Rule 13 CPC for setting aside ex parte judgment and decree dated

09.12.2021 is still pending and simultaneously the application filed by

respondent/ DH Sumit Jain for execution of aforesaid ex parte judgment and

decree is also pending in the executing Court. In the given circumstances, it

would not be appropriate to rush with the execution proceedings till the

decision of the application under Order 9 Rule 13 CPC. If in the meantime,

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Neutral Citation No:=2023:PHHC:085067

Civil Revision No. 3760 of 2023 2023:PHHC: 085067

the execution proceedings are not kept in abeyance, the statutory remedy

availed by the petitioner under Order 9 Rule 13 CPC would be virtually

rendered infructuous.

4. In the light of the above, the present petition is hereby disposed

of and the proceedings in execution application are stayed till the application

filed by the petitioner under Order 9 Rule 13 CPC is not adjudicated upon by

the Court of Civil Judge concerned. However, keeping into consideration the

interest of respondent, the learned trial Court is directed to expedite the

disposal of the application under Order 9 Rule 13 CPC and the same may be

decided preferably within six months of the next date fixed in the trial Court.

                                                     (KARAMJIT SINGH )
06.07.2023                                               JUDGE
Jiten

             Whether speaking/reasoned : Yes/No

             Whether reportable : Yes/No




                                                      Neutral Citation No:=2023:PHHC:085067

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