The High Court
Case Details
(O&M) CR-6135-2025 (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- Alisher CR CR-6135-2025 (O&M) Decided on :- 15.09.2025 Decided on : ....Petitioner VERSUS Mehmood (now deceased) through LRs Mehmood (now deceased) ....Respondents
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Mohd. Salim, Advocate for the petitioners. Present: Mohd. Salim, Advocate for the petitioners. Mohd. Salim, Advocate for the petitioners. Mr. Yashvardhan Goyal, Advocate for respondents No.1(i) and 1(ii). Mr. Yashvardhan Goyal, Advocate for respondents No.1(i) and 1(ii) Mr. Yashvardhan Goyal, Advocate for respondents No.1(i) and 1(ii) Mr. Yashvardhan Goyal, Advocate for respondents No.1(i) and 1(ii) MANDEEP PANNU J. MANDEEP PANNU -.- 1. petition has been filed under Article 227 of the Present revision petition has been filed under Article 227 of the petition has been filed under Article 227 of the Present revision Constitution of India for setting aside the order dated 25.07.2025 passed by the Constitution of India for setting aside the order dated 25.07.2025 passed by the Constitution of India for setting aside the order dated 25.07.2025 passed by the Constitution of India for setting aside the order dated 25.07.2025 passed by the learned Civil Judge (Junior Division), Nuh, whereby the application filed by the learned Civil Judge (Junior Division), Nuh, whereby the application filed by the learned Civil Judge (Junior Division), Nuh, whereby the application filed by the learned Civil Judge (Junior Division), Nuh, whereby the application filed by the e order dated 19.05.2025 passed in the petitioners/JDs for setting aside the ex parte order dated 19.05.2025 passed in the e order dated 19.05.2025 passed in the petitioners/JDs for setting aside the ex part execution proceedings has been dismissed. execution proceedings has been dismissed. 2. The background of the case is that respondent Mehmood filed a suit The background of the case is that respondent Mehmood filed a suit The background of the case is that respondent Mehmood filed a suit The background of the case is that respondent Mehmood filed a suit for possession by way of specific performance of contract and consequential for possession by way of specific performance of contract and consequential for possession by way of specific performance of contract and consequential for possession by way of specific performance of contract and consequential icultural land mentioned in the plaint. The suit was injunction regarding the agricultural land mentioned in the plaint. The suit was icultural land mentioned in the plaint. The suit was injunction regarding the agr dismissed on 17.09.2015, but the appeal filed by the respondent was accepted on dismissed on 17.09.2015, but the appeal filed by the respondent was accepted on dismissed on 17.09.2015, but the appeal filed by the respondent was accepted on dismissed on 17.09.2015, but the appeal filed by the respondent was accepted on holder. 18.12.2016. Execution proceedings were thereafter initiated by the decree-holder. 18.12.2016. Execution proceedings were thereafter initiated by the decree 18.12.2016. Execution proceedings were thereafter initiated by the decree up, the JDs failed to appear and were On 19.05.2025, when the matter was taken up, the JDs failed to appear and were up, the JDs failed to appear and were On 19.05.2025, when the matter was taken proceeded against ex parte. The petitioners thereafter moved an application for proceeded against ex parte. The petitioners thereafter moved an application for proceeded against ex parte. The petitioners thereafter moved an application for proceeded against ex parte. The petitioners thereafter moved an application for TRIPTI SAINI 2025.09.17 09:27 I attest to the accuracy and integrity of this document (O&M) CR-6135-2025 (O&M) -2- - setting aside the said order. It was explained that their absence was neither setting aside the said order. It was explained that their absence was neither setting aside the said order. It was explained that their absence was neither setting aside the said order. It was explained that their absence was neither intentional nor deliberate and that they wished to contest the proceedings. intentional nor deliberate and that they wished to contest t intentional nor deliberate and that they wished to contest t 3. The respondents opposed the application on the ground that the JDs The respondents opposed the application on the ground that the JDs The respondents opposed the application on the ground that the JDs The respondents opposed the application on the ground that the JDs were in the habit of delaying the matter and that they had earlier also been were in the habit of delaying the matter and that they had earlier also been were in the habit of delaying the matter and that they had earlier also been were in the habit of delaying the matter and that they had earlier also been proceeded against ex parte. It was contended that the executing Court committed proceeded against ex parte. It was contended that the executing Court committed proceeded against ex parte. It was contended that the executing Court committed proceeded against ex parte. It was contended that the executing Court committed refusing to recall the order dated 19.05.2025. no error in refusing to recall the order dated 19.05.2025. refusing to recall the order dated 19.05.2025. 4. xecuting Having considered the rival submissions, I find that the Executing Having considered the rival submissions, I find that the Having considered the rival submissions, I find that the ex parte on 19.05.2025 in view Court was justified in proceeding against the JD’s ex parte on 19.05.2025 in view Court was justified in proceeding against the JD Court was justified in proceeding against the JD should be absence on that date. However, the question remains whether he should be absence on that date. However, the question remai of his absence on that date. However, the question remai deprived altogether of participating in the execution proceedings. It is settled deprived altogether of participating in the execution proceedings. It is settled deprived altogether of participating in the execution proceedings. It is settled deprived altogether of participating in the execution proceedings. It is settled debtor has a principle that even after being proceeded against ex parte, a judgment-debtor has a principle that even after being proceeded against ex parte, a judgment principle that even after being proceeded against ex parte, a judgment urbing the steps right to join the proceedings at a later stage, though without disturbing the steps right to join the proceedings at a later stage, though without dist right to join the proceedings at a later stage, though without dist already taken in his absence. The purpose of ex parte proceedings is not to already taken in his absence. The purpose of ex parte proceedings is not to already taken in his absence. The purpose of ex parte proceedings is not to already taken in his absence. The purpose of ex parte proceedings is not to permanently shut out a party but to ensure continuity of proceedings without permanently shut out a party but to ensure continuity of proceedings without permanently shut out a party but to ensure continuity of proceedings without permanently shut out a party but to ensure continuity of proceedings without obstruction. 5. In the present case, the petitioner moved an application promptly after In the present case, the petitioner moved an application promptly aft In the present case, the petitioner moved an application promptly aft In the present case, the petitioner moved an application promptly aft being proceeded ex parte, seeking permission to participate. In my view, in the being proceeded ex parte, seeking permission to participate. In my view, in the being proceeded ex parte, seeking permission to participate. In my view, in the being proceeded ex parte, seeking permission to participate. In my view, in the interest of justice, the petitioners/JDs should be permitted to join the execution interest of justice, the petitioners/JDs should be permitted to join the execution interest of justice, the petitioners/JDs should be permitted to join the execution interest of justice, the petitioners/JDs should be permitted to join the execution proceedings from the date of filing of their application. At the same time, all steps proceedings from the date of filing of their application. At the same time, all steps proceedings from the date of filing of their application. At the same time, all steps proceedings from the date of filing of their application. At the same time, all steps ady undertaken in execution prior to that date shall remain undisturbed. This already undertaken in execution prior to that date shall remain undisturbed. This ady undertaken in execution prior to that date shall remain undisturbed. This ady undertaken in execution prior to that date shall remain undisturbed. This holder’s right to expeditious execution and strikes a balance between the decree-holder’s right to expeditious execution and holder’s right to expeditious execution and strikes a balance between the decree debtor’s right to be heard. the judgment-debtor’s right to be heard. 6. . The Accordingly, the impugned order dated 25.07.2025 is modified. The Accordingly, the impugned order dated 25.07.2025 is Accordingly, the impugned order dated 25.07.2025 is permitted to ex parte order dated 19.05.2025 shall stand, but the petitioner/JD is permitted to ex parte order dated 19.05.2025 shall stand, but the petitioner ex parte order dated 19.05.2025 shall stand, but the petitioner application for recalling the ex join the execution proceedings from the date of his application for recalling the ex join the execution proceedings from the date of join the execution proceedings from the date of TRIPTI SAINI 2025.09.17 09:27 I attest to the accuracy and integrity of this document (O&M) CR-6135-2025 (O&M) -3- - xecuting Court shall now proceed with the execution after xecuting Court shall now proceed with the execution afte parte order. The Executing Court shall now proceed with the execution afte parte order. The E affording opportunity to both parties, subject to the above limitation. affording opportunity to both parties, subject to the above limitation. affording opportunity to both parties, subject to the above limitation. 7.
Decision
Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. September 15, 2025 2025 tripti Whether speaking/non Whether reportable Whether reportable speaking/non-speaking : Speaking : Yes/No (MANDEEP PANNU) JUDGE TRIPTI SAINI 2025.09.17 09:27 I attest to the accuracy and integrity of this document