IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 3581 of 2000 Date of decision:- 27.9.2010 Chand Singh and others ......petitioners vs. Dalbara Singh and others ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. J.R. Mittal, Sr. Advocate with Mr. Santosh Sharma, Advocate and Mr. Kashmir Singh, Advocate for the petitioners Mr. Arun Jain, Sr. Advocate with Mr. Amit Jain, Advocate for respondents. HEMANT GUPTA, J (ORAL) Challenge in the revision petition is to the order passed by learned Executing Court on 29.5.2000 whereby the execution sought on the basis of preliminary decree was declined for the reasons that final decree has not been granted. In a suit for redemption, learned trial Court granted the decree on 7.2.1986. The said decree was affirmed by the Appellate Court on 3.12.1990. Defendants were to deliver the possession to the plaintiff on payment of Rs. 32,000/-. In an appeal filed by defendants, the learned First appellate Court ordered the respondent to deposit an amount of Rs. 42,700/- on account of improvements on land effected by the defendants at the time of taking over the possession by way of redemption. The plaintiff-petitioner deposited the said amount of Rs. 42,700/- on 9.2.1994 and after such deposit sought possession of the mortgaged property. It is on such application, learned Executing Court has passed an order impugned in the present revision petition. Learned counsel for the petitioners states that in view of the judgment reported as AIR 2003 (SC) 1017 Achaldas Durgaji Oswal (Dead) through L.Rs vs. Ramvilas Gangabisan Heda (Dead) through L.Rs, the petitioner shall move an application for preparation of the final decree and seek possession in accordance with law thereafter. I do not find any patent illegality or material irregularity in the order passed by learned Executing Court holding that without final decree, the plaintiff cannot seek possession of the suit property. But in view of the liberty sought, the present revision petition is dismissed with liberty to the petitioners to initiate the proceedings for the preparation of the final decree in accordance with law. (HEMANT GUPTA) JUDGE 27.9.2010 preeti