(1.) TARACHAND and Satyapal -objectors have filed the instant execution second appeal, having failed in both the Courts below.
(2.) SUIT filed by Respondent No. 1 -Ramnath -decree -holder (DH) against Respondent No. 2 -Sheochand -judgment debtor (JD) for possession of 8 kanals land in suit of killa No. 36//18 by specific performance of agreement to sell entered into by judgment debtor with decree -holder stands decreed and the decree has attained finality. Accordingly, Respondent No. 1 filed execution petition against Respondent No. 2. Sale deed of the suit land has already been executed on behalf of Respondent No. 2 in favour of Respondent No. 1. Executing Court ordered issuance of warrant of possession of the suit land. Appellants herein filed objections under Order 21 Rule 97 read with Section 151 of the Code of Civil Procedure (in short, CPC) alleging that objectors are co sharers in the joint land measuring 120 kanals 11 marlas including the suit land measuring 8 kanals along with Respondent No. 2 -JD, who was not in exclusive possession of the suit land and, therefore, DH cannot obtain actual possession of the suit land in execution of the decree.
(3.) LEARNED Executing Court i.e learned Additional Civil Judge (Senior Division), Narnaul vide impugned order dated 22.09.2009 dismissed the objections filed by the Appellants herein. First appeal preferred by the objectors has also been dismissed by learned Additional District Judge, Narnaul vide impugned judgment dated 01.09.2010. Feeling aggrieved, objectors has filed the instant second appeal.