(1.) By way of this petition, petitioners have inter alia prayed for the following reliefs:-
(2.) Record demonstrates that respondent Shyama Nand filed Civil Suit No. 21-1 of 2010, which stood decreed by the Court of learned Civil Judge (Jr. Divn.), Theog, on 30.06.2011. As the judgment and decree passed by learned Civil Judge (Jr. Divn.), Theog, attained finality, an application was filed under Order 21, Rule 11 of the Code of Civil Procedure (hereinafter referred to as the 'Code') for the execution of the said decree. Petitioners herein who were defendants in the suit, were judgment debtors in the execution petition. Prayer made in the execution petition was for delivery of possession qua Khasra Khewat No. 18, Khatauni No. 53 and Khasra No. 635/1 and 636 situated in Chak Palli, Tehsil Kotkhai, Distt. Shimla, H.P. No objections to the same were filed by Shri Mohinder Singh, however, Shri .Guari Nand filed objections to the effect that the execution petition was not maintainable as all regal representatives of deceased Bali Ram had not been brought on record as they were other co-sharers who were also having right, title or interest over the suit land.
(3.) Objections were rejected by the Executing Court vide order dated 04.08.2016 by inter alia holding that the question of impleadment or non-impleadment already stood decided on merit vide judgment and decree dated 30.06.2011 and Judgment Debtors could not be allowed to reopen said question in the execution proceedings.