Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 47, O.XXI, Rr. 10 & S. 23-A---Specific Relief Act (I of 1877), Ss. 8 & 42---Suit for declaration, correction of record and possession---Execution of decree---Objection to---Suit filed by the plaintiff having concurrently been decreed in his favour by the courts below, he filed application for execution of decree to which objections were raised by defendants/ -debtors---Under Section 47, C.P.C., it was the court executing the decree to determine the questions arising between the parties to the suit relating to the execution, discharge or satisfaction of decree and no separate suit was required to be filed---During pendency of application for execution of decree no objection was raised from the side of -debtors, despite having full knowledge about the same---Application was filed by the plaintiff/decree-holder during course of proceedings for execution wherein certain khasra numbers were mentioned and notice of said application was given to the -debtors who failed to contest the same---Mentioned khasra numbers were the same which were mentioned in the plaint, which were subject-matter of the decree---Judgment-debtor had failed to point out her grievance and was unable to specify that as to how the whole property was mutated in favour of the decree-holder, while the report of Civil Nazir showed to the contrary---Judgment-debtor had further failed to specify the exact measurement of property in decree and respective shares of the parties, specifically of her own---In the absence of any merits in the revision petition, same was dismissed and impugned orders of the courts below were maintained. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---The petitioner being aggrieved of order dated 16-5-2008 made by Senior Civil Judge-I, Quetta and order dated 28-2-2009 made by Additional District Judge-III, Quetta, whereby the objections filed by her were rejected and her appeal was also dismissed, preferred present petition with contention that both the orders are contrary to law and facts. Further, the executing court cannot go beyond decree as full property has been mutated in name of respondent No.1, which is in excess to her…

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