KHASS FASHION Vs. GURINDER SINGH

JUDGEMENT

(1.) The present petition is directed against the order dtd. 10/12/2018 passed by the Civil Judge (Senior Division), Amritsar (for short and the Executing Court) through which warrants for attachment of the petitioners' property have been issued in execution proceedings initiated by the respondent to execute ex parte decree dtd. 10/10/2013 through which he has been held entitled to recover from the petitioners a sum of Rs.4,30,582.00 alongwith future interest @ 18% per annum.

(2.) The facts, in brief, which are required to be noticed for adjudicating upon the present petition are that the respondent filed a suit to recover from the petitioners a sum of Rs.4,30,582.00 alongwith future interest. Such suit filed by the respondent was accepted through an ex parte decree dtd. 10/10/2013. The petitioners filed an application under Order 9 Rule 13 CPC for setting aside the aforesaid ex parte judgment and decree dtd. 10/10/2013 which was dismissed by the Trial Court on 31/5/2018 against which they filed an appeal which is pending before the Appellate Court.

(3.) Learned counsel for the petitioners submits that till the time the petitioners' appeal or at least the application for stay filed by them alongwith their appeal to challenge therein the dismissal of their application under Order 9 Rule 13 CPC is adjudicated upon, the warrants of possession issued in the execution proceedings initiated by the respondent should be kept in abeyance as according to him if the aforesaid ex parte judgment and decree dtd. 10/10/2013 is executed, the statutory remedy availed of by the petitioners would be virtually rendered infructuous.