Petitioners challenged an order withdrawing an execution petition. The High Court directed the trial court to examine the Local Commissioner's report regarding possession before passing a final order.
Direction to the trial Court to call parties, examine the Local Commissioner's report, and pass an appropriate order.
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Civil Revision No.7089 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CM No. 28745-CII of 2011 & Civil Revision No.7089 of 2011 (O&M) Date of decision:- 02.12.2011
Piare Lal and another
....Petitioners
Vs.
Dharma Ram and others
....Respondents
CORAM: HON'BLE MR. JUSTICE A.N. JINDAL
Present:Mr. Krishan Singh Dadwal, Advocate, for the petitioners.
A.N. JINDAL, J (ORAL)
This petition assails the orders dated 09.11.2011 (Annexure P-8) passed by the Civil Judge (Senior Division), Shaheed Bhagat Singh Nagar, whereby the execution petition filed by the Decree Holder-respondent No.1 has been ordered to be withdrawn on the basis of the report of Local Commissioner dated 14.10.2011 (Annexure P-7).
Learned counsel for the petitioner has urged that on the basis of the report of the Local Commissioner dated 14.10.2011, the possession has been delivered to Dharma RamDecree Holder qua the area measuring 9 Karams X 8 Karams instead of the area measuring 3 Marlas 4 Sarsai i.e. 1/5th share out of the total area of 17 Marlas, for which, the decree holderrespondent was actually entitled and he has no objection if
Civil Revision No.7089 of 2011 (O&M) 2
possession of the area is delivered as per the decree. The trial Court, without considering the fact, as to whether the report of the Local Commissioner is correct or not, dismissed the execution petition as withdrawn.
As such, this petition is disposed of with a direction to the trial Court to call the parties; examine the report, submitted by the Local Commissioner and pass an appropriate order in accordance with law.
Copy of this order be given to learned counsel for the petitioner 'dasti' on payment of usual charges.
December 02, 2011 ajp
(A.N.JINDAL) JUDGE
1 issue framed by the court
Whether the trial Court erred in dismissing the execution petition as withdrawn without verifying the correctness of the Local Commissioner's report on possession.
Piare Lal and another
Dharma Ram and others
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
