Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXI, R. 35, 99 & S. 47---Decree for immovable property---Execution petition---Resistance or obstruction by bona fide claimant---Objections---Scope---Execution petition was filed wherein warrant for compliance was issued and revenue officer submitted report that neither any construction was made on the suit land nor same was in the possession of -debtor but was in the possession of another person---Other party filed objections with regard to report and execution petition was dismissed concurrently---Validity---Misreading or non-reading had not been pointed out and there were concurrent findings of courts below---Land in dispute was in the possession of another person and property mentioned in the decree was another land---No illegality was found in the impugned which was passed in accordance with law---No reason existed to interfere into the findings of courts below---Appeal was dismissed. ORDER SARDAR ABDUL HAMEED KHAN, J.---This appeal has been directed against the judgment and decree passed by the learned District Judge Mirpur dated 8-3-2006, through which the appeal filed by the appellant, herein, was dismissed and order of the learned Civil Judge Mirpur dated 6-7-2005 was upheld. Brief facts giving rise to the instant appeal are that appellant Muhammad Naseer Bashir, decree holder filed an application for execution of decree titled Muhammad Naseer Bashir v. Sakhi Muhammad and Anayat Ali and others the Court of Additional Sub-Judge Mirpur on 2-12-1997, stating therein that on 30-1-1997, a decree for specific possession was issued in respect of the disputed land through demolishing of three rooms and a wall, in favour of the appellant/decree holder against which the appellants filed appeal after one and the other before the Supreme Court, which was rejected by the apex Court on 22-1-1991 through which the decision of the subordinate court was maintained. It is further alleged that as the appellant has been declared entitled for handing over the specific possession of the disputed land, therefore, the possession may kindly be handed over to him in the interest of justice. The learned trial Court, after hearing the…

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