GAJENDER SINGH Vs. JAI CHAND AND ANR

JUDGEMENT

(1.) Dismissal of the objection petition of the objector/judgment debtor by the Executing Court i.e. of Additional Civil Judge(Senior Division), Loharu vide order dated 5.9.2013 (Annexure P4) forms genesis of this revision petition. It is claimed that since the judgment debtor is also a co-owner in the land in litigation, decree holder would not be able to appropriate physical possession of any part thereof and is required to go in for partition of the joint land. It is claimed that impugned order vide which warrants of possession have been issued against the judgment debtor thus is legally not correct and needs to be reversed. Counsel for the petitioner has further urged that actual possession of any part of joint land would be available to the decree holder only by getting partition of land by metes and bounds.

(2.) Both the respondents were served but none had been appearing for them.

(3.) Going through the grounds of revision petition and the impugned order, arguments have been heard.