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CWP-24109-2025 -1- 118 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CWP-24109-2025 Date of Decision: 25.08.2025 Ravneet Kaur ..... Petitioner Versus State of Punjab
..... Respondent
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Ms. Ravneet Kaur, (Advocate) Petitioner in person. **** JASGURPREET SINGH PURI, J. (ORAL)
1. The present writ petition has been filed under Article 226/227 of the Constitution of India praying for a writ in the nature of mandamus for staying the proceedings in case number CNR No.PBAS020018342024 CASE No.CS-1180-2024 (Annexure P-1) pending for adjudication before Civil Judge, Amritsar with a further prayer to pass an appropriate order allowing the petitioner to challenge the order dated 25.07.2024 passed by Civil Court, Amritsar (Annexure P-1/1). 2. Ms. Ravneet Kaur, Petitioner has appeared in person and submitted that a civil suit was filed against the petitioner, regarding which, she appeared before the learned Civil Judge (Junior Division), Amritsar on 25.07.2024 but a perusal of the orders dated 25.07.2024 (Annexures P-1/1 and P-1/2, respectively) would show that there were some unpleasantness in the Court proceedings and as per the aforesaid orders, she was present in the Court although the same has been so typed as “Sravneet Kaur in person” in the order dated 25.07.2024 which is attached at Page No.9 of the paperbook and the same is a typing mistake. A perusal of the order dated 25.07.2024 as well, BHUMIKA BHATI 2025.08.26 15:28 I attest to the accuracy and integrity of this document chandigarh
CWP-24109-2025 -2- which is at Page No.10 of the paperbook, the presence of the petitioner is being shown. However, later on vide order dated 25.10.2024 (Annexure P-1), the petitioner was proceeded against ex parte. 3. The Petitioner further submitted that the aforesaid order of proceeding her against ex parte was not in accordance with law in view of the fact that on 25.07.2024, she had rather appeared in person which is also evident from the aforesaid orders dated 25.07.2024 and the mere fact that there was some unpleasantness in the Court would not mean that her presence can be denied and she can be proceeded against ex parte. 4. Petitioner also submitted that a writ in the nature of mandamus may be issued to stay the proceedings of the aforesaid civil suit and a direction may be issued that no adverse order be passed against her. 5.
She further submitted that by way of the present petition, her second prayer is that the aforesaid orders dated 25.07.2024 be also set aside being violative of opportunity of being heard based upon the principle of natural justice. 6. I have heard the Petitioner in person. 7. One of the basic grievances of the petitioner is with regard to the
order dated 25.10.2024 vide which she was proceeded against ex parte and a writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner before this Court seeking a writ in the nature of mandamus. This Court is of the considered view that a writ of mandamus would not be maintainable since the civil suit is already pending and the petitioner is basically aggrieved of the order by which she was proceeded against ex parte.
8. In view of the aforesaid facts and circumstances, this Court is of the view that considering the orders dated 25.07.2024 (Annexures P-1/1 and P- BHUMIKA BHATI 2025.08.26 15:28 I attest to the accuracy and integrity of this document chandigarh
CWP-24109-2025 -3- 1/2, respectively) which have been passed by the learned Civil Judge (Junior Division), Amritsar on the even date, the present petition is disposed of with a liberty to the petitioner to file an appropriate application before the Civil Judge (Junior Division), Amritsar for setting aside the ex parte order dated 25.10.2024 (Annexure P-1). In case, any such application is filed, the same shall be considered and decided by the learned Civil Judge (Junior Division), Amritsar as expeditiously as possible and in accordance with law. So far as the orders dated 25.07.2024 (Annexures P-1/1 and P-1/2, respectively) are concerned, the petitioner shall also be at liberty to challenge the aforesaid orders before an appropriate forum in accordance with law. 25.08.2025
(JASGURPREET SINGH PURI) Bhumika
JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No BHUMIKA BHATI 2025.08.26 15:28 I attest to the accuracy and integrity of this document chandigarh