(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside order dated 17.10.2016 passed by the learned Additional Civil Judge (Sr. Division), Mohali, whereby the Executing Court has directed to submit report regarding possession without deciding the objections.
(2.) Briefly, the facts of the case, as mentioned in the revision petition, are that respondent Pal Singh filed suit for separate possession of 3/52 share through partition out of land comprised in Khewat/Khatauni No. 26/30, Khasra No. 57/83 to 239/10 (6 B 2 B) G.M. Makanat and 1/20 share in Khewat/Khatauni No. 15/15, Khasra No. 83 to 239/11 (120 B - 6B) G.M. Abadi situated at Village Sainimajra on the basis of Jamabandi for the year 2002-03 and for permanent injunction restraining from raising construction of any kind over the vacant portion. Defendants were proceeded ex parte and ultimately preliminary decree was passed for separate possession by way of partition of 3/52 share on the basis of Jamabandi for the year 2002- 03. Thereafter, the final decree was passed vide order dated 9.2015. The appeal filed against the same is pending adjudication before learned Additional District Judge, Mohali. Respondent No.1 filed execution application dated 15.10.2015 and petitioner filed objections to the execution application.
(3.) Reply to the objections was filed by respondent No.1 but the Executing Court without deciding the objections has passed impugned order dated 17.10.2016 provided police help with a further direction to the Civil Court to comply with the order and to file report on the next date. Impugned order dated 17.10.2016 has been challenged on the ground that objections are still pending and decree cannot be executed without deciding the same.