Law: Civil Procedure Code (V of 1908)

Section: O.XXI,Rr.10,23-A

Civil Procedure Code (V of 1908)--- ----O. XXI, Rr.10 & 23-A---Execution of decree, objection to---Possession of decreed Khasra numbers, was handed over to the decree­ holder---Objector filed petition that instead of decreed Khasra numbers, other property belonging to him and other co-owners of adjoining Mauza was handed over to the decree-holder---Objection petition, did not clarify as to which Khasra numbers belonging to objector, were given to the decree-holder---Parties agreed that instead of holding a full-dress trial, with the view to shorten the controversy, a Local Commission be appointed to carry out extensive demarcation on the spot according to law and to physically verify as to whether decree-holder had been given possession of the decreed suit Khasra numbers or one which were alleged by the objector---High Court disposed of the revision petition in view of the agreement between the parties,' directing Executing Court to appoint a competent Local Commission, preferably expert on revenue law, with direction to carry out complete and extensive demarcation for locating the decreed suit Khasra numbers and to report as to whether possession of land of decreed Khasra numbers had been given to the decree-holder or some other Khasra numbers, as alleged by the objector, and to prepare a proper site-plan showing location of decreed suit Khasra numbers with the assistance of Revenue official and Revenue Record--Parties would be entitled to raise objection to report of the Local Commissioner. JUDGMENT DOST MUHAMMAD KHAN, J.---Impugned in this petition are the judgments dated 2-4-2001 of Civil Judge-I and dated 13-9-2003 of the learned Additional District Judge, Abbottabad entertaining objection petition against the execution of decree No.228/1 passed in favour of the petitioner on 16-10-1996. 2. Arguments heard and record perused. 3. Decree in respect of suit Khasra numbers was passed by the trial Court which has attained finality as it was not challenged because it was an ex parte decree. When it was put to execution, possession of the decreed Khasra numbers was handed over to the decree-holder petitioner by the Local Commission on 19-8-1998 which was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492