C.R. No.384 of 2006 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.384 of 2006 (O&M) Date of Decision: 13.08.2009 State of Haryana and others .....Petitioners Versus Chand Singh ...Respondent Present: Mr. D.S. Nalwa, Addl. A.G., Haryana for the petitioners. None for the respondent. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J. (ORAL) 1. The revision is against an order dismissing an application for injunction filed under Order 39 Rule 1, 2 CPC to restrain the decree-holder from executing the decree pending application for setting aside the ex parte decree. The suit had been filed for declaration that the plaintiff was entitled to compassionate appointment and an ex parte decree had been passed. The application to set aside the ex parte decree was filed by the State and also the above-mentioned application. 2. It appears that even during the pendency of an application to set aside the ex parte decree, the decree-holder had sought for execution on the execution side and the application had been filed by the judgment debtor not to enforce the execution, pending C.R. No.384 of 2006 (O&M) -2- consideration of the application to set aside the ex parte decree, which had been filed on the trial side. A similar application appears to have been filed on the execution side and the same was pending and pendency of the similar application before the Executing Court was cited as reason for dismissing the application filed on the trial side. 3. Learned counsel for the State is unable to state the present status of the application to set aside the ex parte decree. Since the decree relates to an alleged entitlement of a person for compassionate appointment, I am of the view that the matter would require really no adjudication if the application is itself disposed of. If the application to set aside the ex parte decree has already been disposed of, the application seeking for injunction shall have no meaning. If on the other hand, the application to set aside the ex parte decree has not been disposed of, there shall be a stay against the execution of the decree till the application for setting aside the ex parte decree is disposed of. 4. The order of the lower Court stands modified to the above extent. The civil revision is disposed of in the above terms. (K. KANNAN) JUDGE August 13, 2009 Pankaj*