JASWINDER SINGH Vs. JAGJIWAN SINGH

JUDGEMENT

(1.) This revision petition is directed against order dated 31.1.2013 (Annexure P-2) of the Executing Court vide which the objections under Order XXI Rule 97 read with Section 151 CPC filed by the objectors, petitioners herein, for recalling of the warrants of possession issued in the proceedings pending for execution of judgment and decree dated 3.12.2003 passed by the court of Sh. B.S. Deol, Civil Judge (Junior Division), Ludhiana, with further declaration that the said judgment and decree was not binding on them as they were owners in possession of the suit property, were dismissed.

(2.) In the third party objections (Annexure P-1), it was claimed by the objectors, petitioners herein, that they were owners in possession of the property of decree under execution and thus, were not bound by the decree and warrants of possession against them could not have been issued by the Executing Court, in execution of the said decree.

(3.) Hearing has been provided to the counsel for the parties while going through the paper book.