Punjab-Haryana High Court
Nasar Ali vs Parveen on 3 March, 2025
CR-1306-2025 (O&M) Page 1 of 4
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
123 CR-1306-2025 (O&M)
Date of decision: 03.03.2025
Nasar Ali ...Petitioner(s)
Vs.
Parveen ...Respondent(s)
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present:- Mr. Imran Farooqi, Advocate for the petitioner.
***
NIDHI GUPTA, J.
The present petition has been filed by the plaintiff under
Article 227 of Constitution of India read with Section 151 CPC seeking
directions to the Ld. District Court, Malerkotla to expedite and conclude
the proceedings arising out of the appeal No.CMA/45/2024 titled as
'Parveen v. Nasar Ali', pending before the Ld. District Court, Malerkotla,
(ANNEXURE P-4) within a time-bound period, in the interest of justice.
2. Ld. Counsel for the petitioner/plaintiff inter-alia submits that
the respondent/defendant had executed an Agreement to Sell dated
24.10.2016 in favour of the petitioner for total sale consideration of Rs.8
lacs, out of which plaintiff paid Rs.3,50,000/- as earnest money. It was
mutually agreed that Sale Deed would be executed and registered on
24.10.2017. Plaintiff remained present in the Tehsil, but the respondent
failed to appear to execute the sale deed as agreed. As such, the plaintiff
instituted suit for specific performance; in which the respondent was
proceeded ex-parte. The suit was decreed ex-parte in favour of the plaintiff
vide judgment dated 15.10.2022 (Annexure P-1). No appeal was filed
against the said judgment.
3. Then the plaintiff initiated execution proceedings to enforce
decree dated 15.10.2022 (Annexure P-2). However, the respondent kept on
delaying the plaintiff's lawful rights and filed an application under Order 9
Rules 7 and 13 read with Section 151CPC to recall the ex-parte decree. The
said application was dismissed by the learned trial Court vide order dated
20.02.2024 (Annexure P-3).
4. The respondent preferred an appeal (Annexure P-4) against the
said order dated 20.02.2024, and vide order dated 30.4.2024, obtained ex-
parte stay halting the executing proceedings. Ld. Counsel submits that
pursuant to the decree, the Sale Deed for the suit property was executed on
02.04.2024 rendering the appeal infructuous. Despite this, appeal remained
pending with arguments yet to commence. It is submitted that due to the
stay of execution proceedings granted in the appeal, the petitioner is being
deprived of the fruits of decree and possession of property. It is accordingly
prayed that a direction be issued to the learned District Court, Malerkotla to
expedite and conclude the proceedings arising out of the appeal (Annexure
P-4) expeditiously.
5. Heard.
6. I find merit in the submissions advanced on behalf of the
petitioner. The suit of the petitioner was decreed ex-parte vide judgment
and decree dated 15.10.2022 (Annexure P-1). Thereafter, the petitioner had
filed an Execution Application dated nil (Annexure P-2) seeking execution of
the above said judgment and decree. It was the case of the
respondent/defendant before the learned Courts below that the
respondent came to know about the decree dated 15.10.2022 only on
12.05.2023 when the petitioner openly stated to her that he has got the ex-
parte decree from the Court; whereafter the respondent immediately
moved an application for engaging legal aid counsel, which was approved
on 13.05.2023. Thereafter, the respondent moved application dated
26.05.2023 under Order 9 Rules 7 and 13 read with Section 151 CPC for
setting aside the ex-parte order dated 01.11.2021 and decree dated
15.10.2022. The said application of the respondent was dismissed by the
learned Civil Judge (Junior Division), Malerkotla vide order dated
20.02.2024 (Annexure P-3) holding that the respondent "was having due
knowledge regarding the pendency of the original suit, as her summons
reached at her house and the same were received back duly served. Thus,
the applicant/defendant has been properly served in the civil suit. Hence,
she was rightly proceeded against ex-parte by this Court vide order dated
01.11.2021 and judgment and decree dated 15.10.2022 has been rightly
passed. Resultantly, it is clear that present application is not maintainable.
Issues No. 1 and 2 are decided accordingly against the applicant/defendant
and in favour of respondent/plaintiff".
7. The respondent then filed appeal dated Nil (Annexure P-4)
against the said order dated 20.02.2024 passed by learned Civil Judge
(Junior Division), Malerkotla.
8. Perusal of the zimni orders (Annexure P-5) reveals that the Civil
Appeal of the respondent stood admitted vide order dated 14.03.2024 and
notice was issued to the petitioner for 08.04.2024. On 08.04.2024, notice
issued to the petitioner was received back unserved with the report that he
was not residing at the given address. Accordingly, fresh notice was issued
to the petitioner for 30.04.2024. On 30.04.2024, dasti summons were given
to the respondent/defendant for 17.05.2024; and further proceedings
before the Executing Court were directed to be stayed till the next date of
hearing as it was stated by learned counsel for the respondent/defendant
before the learned District Judge, Sangrur that execution is pending for
05.05.2024. On 18.05.2024, learned counsel for the petitioner put in
appearance and the matter was listed for 05.07.2024 for filing reply by the
petitioner; and so forth. It is the prayer of the petitioner/plaintiff that the
said appeal of the respondent be heard and decided expeditiously. It has
also been pointed out that in fact Appeal is rendered infructuous as Sale
Deed already stands executed in favour of the petitioner on 02.04.2024.
9. Hence, keeping in view the entirety of the facts as noted
above, the present civil revision petition is hereby allowed. The learned
Additional District Judge, Malerkotla is directed to decide the appeal
bearing No. CMA/45/2024 filed by the respondent expeditiously, preferably
within 6 months from today.
10. Pending applications, if any, stand disposed of.
03.03.2025 (NIDHI GUPTA)
Divyanshi JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
