09.09.2025 Saroj through LR LRs v. M/S Sunbeam Bu am Buildtech Pvt. Limited
Case Details
CR No.6264 of 2 4 of 2025 (O&M) -1- IN THE THE HIGH COURT OF PUNJAB JAB AND HARYANA AT ARH CHANDIGARH 116. CR No.626 Date of De o.6264 of 2025 (O&M) of Decision:09.09.2025 Saroj through LR LRs …Petitioner Versus M/S Sunbeam Bu am Buildtech Pvt. Limited ... Respondent CORAM : HON
Legal Reasoning
HON'BLE MR. JUSTICE AMARI MARINDER SINGH GREWAL Mr. G.C Sharma, Advocate Present: Mr. for the petitioner (through VC). for th *** *** RAL) ER SINGH GREWAL, J. (ORAL) AMARINDER S 1. The The present Civil Revision Petiti f the Petition under Article 227 of the Constitution of In n of India has been filed through LRs rred to h LRs of Saroj (hereinafter referred to as petitioners) cha challenging the order dated 03.09.2 Civil 3.09.2025 passed by the learned Civil Judge (Sr. Divisi Division), Faridabad (for short the E cution t the Executing Court) in Execution Petition No. 80 o . 80 of 2025, whereby their objectio
Decision
Order jections and application under Order XXI Rule 26 CPC 6 CPC have been dismissed. 2. In brief, the facts are that the In b had he respondent/decree-holder had instituted a civil civil suit for specific performance o gainst ance of an agreement to sell against Smt. Saroj (since (since deceased), which came to be de 22 by be decreed ex parte on 06.08.2022 by the learned trial C trial Court. On 13.02.2025, the resp filed e respondent-decree holder had filed execution of the a f the aforesaid ex parte decree and the about nd the petitioners came to know about the aforesaid ex ex parte decree on 17.07.2025 wh n was 25 when notice of the execution was received by them. them. Thereafter, they moved an app ule 13 an application under Order IX Rule 13 CPC for setting a tting aside the ex parte decree, which before which is pending consideration before the trial court. Th They also filed objections along w Order along with an application under Order PANKAJ KUMAR 2025.09.16 12:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR No.6264 of 2 4 of 2025 (O&M) -2- XXI Rule 26 CPC 6 CPC seeking stay of execution. Th ed the on. The executing court dismissed the same on 03.09.20 3.09.2025 holding that the pendency under dency of the application filed under Order IX Rule 13 13 is not a ground to stay execut ays at execution and that they are always at liberty to avail the the recourse of restitution under Se der Section 144 CPC. 3. Learned earned counsel for the petitioners have oners submits that petitioners have already filed the d the application under Order IX Rul aside X Rule 13 CPC seeking setting aside of the ex parte de decree dated 06.08.2022 passed by s soon ssed by the learned trial Court as soon as they came to k e to know about the passing of the af ill any the aforesaid decree and thus, till any order is passed o ssed on the said application by the le cution the learned trial Court, the execution proceedings must s must stay, as continuation of execut ustrate execution proceedings would frustrate the very purpose urpose of filing of application unde C and under Order IX Rule 13 CPC and irreparable loss loss and injury would be caused ot be caused to them, which cannot be compensated in an d in any manner. 4. have heard learned counsel for the p I have ed the r the petitioners and have perused the paper book and f and finds that there is no force in t earned ce in the argument raised by learned counsel for the pe petitioners. In the absence of an e higher of an explicit stay order from a higher court, the Executi xecuting Court is mandated to proceed gs, as roceed with execution proceedings, as filing of an app n appeal or application under Orde not Order IX Rule 13 CPC does not automatically halt lly halt said proceedings. Furthermore I Rule ermore, provisions of Order XXI Rule 26 CPC enable t able the judgment debtor to approac ed the pproach the court, which passed the decree; or to any to any Court having appellate jurisdic ree or urisdiction in respect of the decree or the execution th ion thereof. Meaning thereby, the ay the , the Executing Court can stay the execution of a d f a decree, upon sufficient cause be le the use being shown, only to enable the judgment debtor t ebtor to apply to the Court by which t to any hich the decree was passed or to any Court having app g appellate jurisdiction and once such opted, e such a procedure has been adopted, it is bound to con to continue with the proceedings unle stayed s unless and until the decree is stayed PANKAJ KUMAR 2025.09.16 12:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR No.6264 of 2 4 of 2025 (O&M) -3- by the Court to w rt to which the judgment debtor has t case, approached. In the present case, the petitioners ha have approached the same Court CPC, Court under Order IX Rule 13 CPC which has passed passed the decree and there is no stay our by o stay order passed in their favour by the said Court an urt and thus, this Court finds no erro dated no error in the impugned order dated 03.09.2025 passed passed by the learned Executing Cour Court and the same is affirmed. 5. 6. Resulta esultantly, the instant revision petition etition is dismissed. Needle eedless to say, the observations made t shall made hereinabove by this Court shall not be construed trued to be an opinion on the merits under s of the pending application under Order IX Rule 13 ule 13 CPC. September 09, 20 Pankaj* , 2025 (AMARIN ARINDER SINGH GREWAL) ) JUDGE Whether speaking/reasoned Whether reportable : : Yes/No Yes/No PANKAJ KUMAR 2025.09.16 12:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh