Law: Civil Procedure Code (V of 1908)

Section: 47,35,100,101,103

Civil Procedure Code (V of 1908)--- ----S. 47 & O. XXI, Rr. 35, 100, 101, 103---Execution of decree---Objection(s) raised by the party, determination of---Executing Court, powers of---Scope---Plaintiffs instituted suit primarily against a defendant alleging that he used forged power of attorney qua suit-property ('real defendant') while the petitioner was one of those defendants upon whom some of the area/ownership regarding suit-property had been transferred---Case among the parties was finally disposed of by the Supreme Court on the basis of the statement of the plaintiff/decree-holder that they, from the suit-property, would be entitled to the extent of only 01-Kanal 01-Marla left by the deceased (original-owner)---Before the Executing Court, the petitioner filed an application for clarification of warrant of possession(proper measurement and determination of shares) in wake of the said statement of the decree-holder---Executing Court dismissed said application, which order was maintained by the Appellate Court---Contention of the petitioner was that order of the Executing Court for handing over possession without proper measurement and determination of shares of all the parties would not only be against the spirit of decree but was also exercise of power not so vested in it (Executing Court)---Validity---Record revealed that the deceased was indisputably the owner of 01-Kanal and 01-Marla comprising in two Khasra Numbers (No. 5753 and 5760), but the third Khasra No. 5754 ('disputed/third Khasra') was made disputed (and remained root-cause of the litigation among the parties and though High Court did not want to comment upon the legal aspect of the case, since it had already been decided), however, for the purpose of execution, Executing Court would have to consider as to whether all the three Khasra numbers were contiguous to each other and if so in which particular Khasra number or numbers disputed house was constructed---It was because during the trial of the case a document , prepared by one Bailiff of the Court, was duly exhibited, while another Bailiff of the Court was also directed by the Trial Court to proceed to the spot and submit his…

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