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2022 Supreme(P&H) 824

MANJARI NEHRU KAUL
Siriya (now Deceased) Through His Lrs – Appellant
Versus
Tulsi Puri (now Deceased) Through His Lrs – Respondent


Advocates:
Mr. Munish Kumar Garg, Advocate, for the Appellant.

JUDGMENT

Manjari Nehru Kaul, J. (Oral). - The instant revision petition has been preferred under Article 227 of the Constitution of India for setting aside of the order dated 23.05.2022 passed by learned Civil Judge (Sr. Divn.), Narwana in Execution Petition No.32 of 2019 in case titled as 'Tulsi Puri through his LRs Vs. Siriya through his LRs' whereby objections under Order 47 read with Section 151 of the CPC preferred by the petitioners were dismissed.

2. Learned counsel for the petitioner inter alia contends that the Court below while passing the impugned order dated 23.05.2022 whereby his objections under Order 47 read with Section 151 of the CPC were dismissed, committed manifest error. He further submits that the trial Court failed to appreciate that the respondents were shown to be joint owners of share to the extent of 14/442 (i.e. 0 kanal 6 marla were joint) in the jamabandi 2012-13. However, they had sought possession of land measuring 8 kanal 7 marla in the execution proceedings. He submits that the respondents could not seek possession of land beyond 0 kanal 6 marla as their ownership rights were limited to the extent of their respective shares only. Thus, in the absence

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