Law:

Section:

ABDUL AZIZ KUNDI, J.---The present revision petition is directed against the judgment and order, dated 23-8-2006, passed by District Judge/Zilla Qazi, Dir Bala, dismissing the appeal of the petitioners against the judgment, dated 21-4-2004, passed by Senior Civil Judge/Aaala Illaqa Qaiz, Dir Bala, dismissing the objection petition filed by petitioners during the course of execution of a decree, passed in favour of respondents decree-holders on 31-7-1999 and maintained by Additional District Judge/Izafi Zilla Qazi, Dir Bala, vide judgment, dated 21-1-2000.   The facts precisely stated are that Nawabzada Shah Salim Khan, predecessorininterest of the respondents Mst. Khaista Jana alias Balqeesa Khisro and others filed a suit against Bahader, Abdul Matin Khan and Jumara Ali Malik for declaration and possession in respect of the property detailed in the plaint of the said suit and the said suit after contest was decreed by learned Illaqa Qazi, Dir Bala, vide judgment and decree, dated 31-7-1999. It appears that during the pendency of the said suit Bahader, defendant No.1 died, which fact was brought into the notice of the Court seized of the suit and the said Court on 2-11-1995 directed that the list of legal heirs of deceased Bahader and also Jumara Ali Malik, who had also in the meantime died, be filed within three days. Muhammad Zahir Shah, one of the sons of Bahader appears to have filed a list of legal heirs of his deceased father, which comprised of Muhammad Zahir Shah himself and his five others brothers, namely, Muhammad Nawaz, Shakirullah, Nizamuddin, Miftahuddin and Amir Nawaz. On conclusion, the learned trial Court, as stated above, decreed the suit but strangely enough, in the decree sheet the legal heirs afforested were not shown as defendants/judgment-debtors nor was Bahader defendant No.1 shown as dead. This decree was, however, assailed by the first five legal heirs of deceased Bahadar through Appeal No. 70/14 of 1999, which was, however, dismissed by Additional District Judge/Izafi Zilla Qazi, Dir Bala through his judgment and decree, dated 1-11-2000.   The decree-holders started the execution of their decree in their favour on 25-2-2003…