IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 830 of 2003 Date of decision : May 25, 2009 Ram Kishan Petitioner Versus Biru Ram and others Respondents CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: None for the petitioner Mr. Rajnish Narula, Advocate for respondent No. 1 A.N. JINDAL, J. (ORAL) The execution has been filed on the basis of the judgment and decree dated 30.11.1994 passed by Senior Sub Judge, Jagadhri in suit No. 274 of 1998. In the said execution the judgment debtors now respondents appeared in the Court and had filed the objection petition pleading that execution was not maintainable on account of pendency of appeal against said judgment before the High Court and also that they were in possession of the property in question by way of constructing a room and cottage since prior to the filing of the suit, as a matter of right. The decree holder had no right to throw them out vide order dated 3.8.1999, the objection petition was allowed and the execution petition was dismissed. However, the appeal was accepted and Executing Court was allowed to proceed further. The only argument advanced is that since the objection petition was only under Section 47 CPC, therefore, the order could not be set aside in appeal on account of non maintainability of the appeal before District Judge. C.R. No. 830 of 2003 2 Heard, since the objection petition was not by a third party, therefore, the same filed by the judgment debtors could be termed under Section 47 CPC. As such an order passed under Section 47 of the Code of Civil Procedure is not appealable but revisable. Therefore, Court of District Judge fell in error in entertaining the appeal and upsetting the order dated 3.8.1999 passed by Civil Judge (Sr. Divn.) Jagadhri. Since the Addl. District Judge was not competent to entertain the appeal. Therefore order passed by him on 27.11.2002 can not be sustained. Resultantly, this revision petition is accepted, the order dated 27.11.2002 passed by Addl. District Judge is set aside and the order dated 3.8.1999 passed by Civil Judge (Jr. Divn.) Jagadhri is restored with liberty to petitioner to have recourse to the remedy as provided under law. (A.N.JINDAL) 25.05.2009 JUDGE reena