Mansukh Since Deceased Through His Lrs v. Satish Rathi

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

**** CR-4741-2026 Date of decision: 01.07.2026 Mansukh (since deceased) through his LRs . . . . Petitioners Vs.

Sh. Satish Rathi . . . . Respondent ****

CORAM:

HON'BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr.Randhir Singh Virk, Advocate, for the petitioners. **** DEEPAK GUPTA, J. (ORAL) Petitioners herein are the LRs of Mansukh, who was the sole defendant in Civil Suit bearing CS No.109 of 2018 title Satish Rathi Vs. Mansukh, which was decreed on 02.08.2025 for specific performance. Defendant Mansukh was ex parte therein. The decree-holder respondent herein filed execution wherein the petitioners i.e. the LRs of JD-Mansukh filed objections on the ground that execution was not maintainable as decree was nullity having been passed ex parte by concealing material facts regarding the death of Mansukh.

2.

However, perusal of the impugned order would reveal that defendant-Mansukh had been proceeded ex parte way back on 07.02.2018 and he had expired on 16.02.2025 i.e. after 7 years. During this long period of 7 years, no application was moved for setting aside the ex parte proceedings.

3.

It is conceded by learned counsel that even no application has been moved under Order IX Rule 13 CPC for setting aside the ex parte judgment and decree dated 02.08.2025 nor any appeal has been filed against the said judgment and decree.

VIVEK PAHWA 2026.07.01 18:00 I attest to the accuracy and integrity of this document

CR-4741-2026 2026:PHHC:088730 4.

In the aforesaid circumstances, the Executing Court did not commit any error in dismissing the objections. 5.

Accordingly, the present petition is dismissed being devoid of any merit.

(DEEPAK GUPTA) 01.07.2026 JUDGE Vivek Whether Speaking/reasoned Yes Whether reportable No VIVEK PAHWA 2026.07.01 18:00 I attest to the accuracy and integrity of this document