GURDEV SINGH Vs. MAKHAN SINGH

JUDGEMENT

(1.) The petitioner filed this Civil Revision under Article 227 of the Constitution of India for setting aside the impugned order dtd. 2/8/2025 passed by learned Civil Judge, Junior Division, Phillaur whereby the application filed by the petitioner for staying execution proceedings till the decision of the application under Order 9 Rule 13 of CPC has been dismissed and sale warrants of the property of the petitioner has been issued. The order has been assailed on the grounds that the learned Executing Court has not taken into consideration that an application for setting aside ex-parte decree is pending adjudication and that provisions of Order 21 Rule 26 of CPC has been over looked. The Executing Court was required to stay the execution to afford an opportunity to JD to apply to the Court where proceedings under Order 9 Rule 13 of CPC are pending.

(2.) I have heard learned counsel for the petitioner and gone through the impugned order.

(3.) The operative part of the impugned order reads as under :-