SANJEEV KUMAR Vs. HARI CHAND

JUDGEMENT

(1.) The petitioners herein are the judgment debtors. They assail the correctness of the order dtd. 18/8/2018 passed by the Executing Court, while refusing to recall the warrants of possession, previously issued by the court.

(2.) Some peculiar facts are required to be noticed. Late Sh.Hari Chand, maternal grandfather of the petitioner no.1, filed a suit for possession by way of declaration to the effect that the plaintiff is the owner of property measuring 50 square yards comprised in khasra no.302 located in Tarf Gahlewal, Tehsil and District Ludhiana. Various other reliefs were also sought. Apart from the petitioners, he has also impleaded his own children as the defendants. The suit was ex parte decreed on 20/12/2013. The operative part of the judgment reads as under:-

(3.) Late Sh.Hari Chand died during the pendency of the suit and his two sons were brought on record as his legal representatives. After the decree was passed, an execution petition was filed seeking issuance of warrants of possession. In the aforesaid application, it was stated that the total plot is of 100 square yards out of which 50 square yards were owned by Late Sh.Hari Chand whereas the remaining plot is owned by his wife Smt. Sunita. While filing the execution application, it was disclosed that plot no.182 represents the disputed plot. In substance, the possession of plot no.182-A was sought. The trial court issued the warrants of possession. As already noticed, application filed by the petitioners for recall of the warrants of possession has been dismissed. The court has observed that once there is a prayer in the caption of the plaint and the suit has been decreed, as prayed for, then there is a decree for possession.