(1.) The instant revision petition has been preferred under Article 227 of the Constitution of India for setting aside of the order dtd. 23/5/2022 passed by learned Civil Judge (Sr. Divn.), Narwana in Execution Petition No.32 of 2019 in case titled as 'Tulsi Puri through his LRs Vs. Siriya through his LRs' whereby objections under Order 47 read with Sec. 151 of the CPC preferred by the petitioners were dismissed.
(2.) Learned counsel for the petitioner inter alia contends that the Court below while passing the impugned order dtd. 23/5/2022 whereby his objections under Order 47 read with Sec. 151 of the CPC were dismissed, committed manifest error. He further submits that the trial Court failed to appreciate that the respondents were shown to be joint owners of share to the extent of 14/442 (i.e. 0 kanal 6 marla were joint) in the jamabandi 2012-13. However, they had sought possession of land measuring 8 kanal 7 marla in the execution proceedings. He submits that the respondents could not seek possession of land beyond 0 kanal 6 marla as their ownership rights were limited to the extent of their respective shares only. Thus, in the absence of other co-owners they had no right to take possession of land beyond their share. Learned counsel also argued that since there had been non- compliance of order 1 Rule 8 of the CPC by the trial Court the decree could not be executed.
(3.) I have heard learned counsel and perused the material on record.