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(2026) Law Today Live Doc. Id. 20784 = 2026:PHHC:007562
Decided on: 20.01.2026
Present:
Mr. Sumeet Mahajan, Sr. Advocate with Mr. Shrey Sachdeva, Advocate, Ms. Radhika Deekshay, Advocate Ms. Shruti Singla, Advocate, for the petitioners.
Mr. R.K. Grewal, Advocate with Mr. Dilsahib Singh, Advocate for respondent Nos.1 to 10.
Constitution of India, Article 227 – Code of Civil Procedure, 1908 (V of 1908), Order 9 Rule 13, Order 21 Rule 26 -- Execution of ex-parte decree – Application for stay of execution declined -- Application under Order IX Rule 13 of the CPC pending consideration -- Application for setting aside ex parte as well as the execution application is to be heard by the same Court and same Presiding Judge – Revision petition disposed of with the direction to learned Civil Judge (Junior Division) to decide the application moved by the petitioner under Order IX Rule 13 of the CPC within a period of two months and then proceed further with execution proceedings.
(Para 1-6)
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SUDEEPTI SHARMA, J. (ORAL) –
1. The present revision petition is filed for setting aside order dated 22.09.2025 passed by learned Civil Judge (Junior Division), Kharar and for staying execution of the ex parte judgment and decree dated 04.12.2023 in terms of Order XXI Rule 26 of the Code of Civil Procedure, 1908 (in short ‘CPC’).
2. Learned Senior counsel for the petitioner contends that ex parte judgment and decree dated 04.12.2023 was passed against him and he filed an application under Order IX Rule 13 of the CPC, 1908 , which is pending consideration before learned Civil Judge (Junior Division), Kharar itself since the application for setting aside ex parte as well as the execution application is to be heard by the same Court and same Presiding Judge.
3. In the present petition, there are 26 respondents.
4. Learned Senior counsel for the petitioner prays that he would be satisfied if at this stage direction is issued to learned Civil Judge (Junior Division), Kharar to decide the application moved by the petitioner under Order IX Rule 13 of the CPC for setting aside the ex parte judgment and decree dated 04.12.2023, which is pending before learned Civil Judge (Junior Division), Kharar at the first instance and then proceed with the execution proceedings.
5. Learned counsel for respondent does not object to the aforesaid prayer.
6. In view of the same, the present petition is disposed of with the direction to learned Civil Judge (Junior Division), Kharar to decide the application moved by the petitioner under Order IX Rule 13 of the CPC within a period of two months from today and then proceed further with execution proceedings.
7. All the pending miscellaneous applications, if any, are also disposed of.
Order accordingly.
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