Civil Revision No.7089 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CM No. 28745-CII of 2011 & Civil Revision No.7089 of 2011 (O&M) Date of decision:- 02.12.2011 Piare Lal and another ....Petitioners Vs. Dharma Ram and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Krishan Singh Dadwal, Advocate, for the petitioners. A.N. JINDAL, J (ORAL) This petition assails the orders dated 09.11.2011 (Annexure P-8) passed by the Civil Judge (Senior Division), Shaheed Bhagat Singh Nagar, whereby the execution petition filed by the Decree Holder-respondent No.1 has been ordered to be withdrawn on the basis of the report of Local Commissioner dated 14.10.2011 (Annexure P-7). Learned counsel for the petitioner has urged that on the basis of the report of the Local Commissioner dated 14.10.2011, the possession has been delivered to Dharma Ram- Decree Holder qua the area measuring 9 Karams X 8 Karams instead of the area measuring 3 Marlas 4 Sarsai i.e. 1/5th share out of the total area of 17 Marlas, for which, the decree holder- respondent was actually entitled and he has no objection if Civil Revision No.7089 of 2011 (O&M) 2 possession of the area is delivered as per the decree. The trial Court, without considering the fact, as to whether the report of the Local Commissioner is correct or not, dismissed the execution petition as withdrawn. As such, this petition is disposed of with a direction to the trial Court to call the parties; examine the report, submitted by the Local Commissioner and pass an appropriate order in accordance with law. Copy of this order be given to learned counsel for the petitioner 'dasti' on payment of usual charges. (A.N.JINDAL) December 02, 2011 JUDGE ajp