C.R. No. 3416 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3416 of 2009 Date of Decision: July 7, 2009 Mulakh Raj and another …..Petitioners Vs. Smt.Banti Devi and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.R.S. Chauhan, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated May 23, 2009, the Executing Court has passed the following order:- “Now warrant of possession to the extent of 3 kanal area or share of JDs No.1 and 2 in the joint khata, whichever is less be issued for 11.8.2009.” Counsel for the petitioners submits that for non-compliance of the option given by the Executing Court, the warrant of possession is being C.R. No. 3416 of 2009 [2] issued for 3 kanals area without there having been any partition. He claims that the decree cannot be executed for possession out of joint khata and it could be only symbolic possession which could be delivered that too subject to partition. He has also contended that the share of Judgment Debtors No.1 and 2 in joint khata comes to 1 marla 4 sarsai which is lesser than 3 kanals. After hearing counsel for the petitioners, I am of the opinion that since the trial Court has safeguarded the interest of the petitioners as co-sharer in the joint khata by specifically observing that warrant of possession should be issued to the extent of 3 kanals area or in the alternative for share of JD Nos. 1 and 2 in joint khata whichever is less, no clarification or interference is required for. It will always be open for the JD/ petitioners to seek the strict implementation of the impugned order by bringing the actual measurements to the notice of the authority competent to execute the decree. Disposed of. July 7, 2009 (M.M.S.BEDI) sanjay JUDGE