Rekha Mittal, J. - (1.) The present petition directs challenge against order dated 10.10.2016 (Annexure P-1) passed by the Civil Judge (Junior Division), Ferozepur whereby objections filed by the petitioners/judgment debots have been dismissed.
(2.) Counsel for the petitioners has submitted that the respondent/plaintiffs filed a suit for possession of land, detailed in head note of the plaint that was decreed ex parte vide judgment and decree dated 10.9.2012 passed by the Additional Civil Judge (Senior Division), Ferozepur. The respondents filed an application for execution of the decree and in the execution proceedings, warrants of possession were issued on the basis whereof the petitioners learnt about passing of the ex parte judgment and decree dated 10.9.2012. They filed an application for setting aside the ex parte judgment and decree in October 2015 and the same is pending adjudication after framing of issues but the parties are yet to adduce their evidence. It is argued that the petitioners filed objections/reply in the execution proceedings with a prayer to stall the execution process till the application for setting aside ex parte judgment and decree is decided by the Court. A serious prejudice shall be caused to the petitioners if the decree for possession is executed without deciding application of the petitioner for setting aside ex parte judgment and decree when otherwise there is every likelihood of the petitioners becoming successful in getting ex parte decree set aside and thereafter an opportunity to defend the suit. It is prayed that the execution proceedings are stayed till disposal of the application for setting aside ex parte decree. In support of his contention, he has referred to judgment of this Court Davinder Pal Singh and another v. Narinder Pal Singh and others 2016(3) RCR(Civil) 194 . Further reference has been made to judgment of the Andhra Pradesh High Court Guguloth Babu Rao and others v. Suraksha Chit Funds, Yellandu, Khammam District and another 2010 (6) Andh LD 489 . In the alternative, it is submitted that execution of warrants of possession issued by the Court may be stayed by providing an opportunity to the petitioners to file an appropriate application for stay of execution proceedings in the proceedings under Order 9, Rule 13 of the Code of Civil Procedure (in short "CPC") but some time bound direction may be issued to the trial court to decide the stay application.
(3.) I have heard counsel for the petitioners, perused the paper book particularly the order impugned.;