CR No. 8314 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 8314 of 2010 (O&M) Date of decision:- 20.12.2010 M/s Kesho Ram Roshan Lal Commission Agent ......petitioner vs. Virender Kumar ......respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Alok Jain, Advocate for the petitioner HEMANT GUPTA, J (ORAL) Defendant-petitioner is in revision aggrieved against an order passed by learned Executing Court on 4.12.2010. The petitioner has filed an appeal against the judgment and decree granted by learned trial Court on 23.7.2010 but as per the interim order produced by the learned Appellate Court, there is no stay of execution of the decree. Since, there is no stay of the execution of the decree, learned Executing Court has passed the following order on 1.12.2010: - “Power of Attorney on behalf of J.D. Filed objection not filed. Now to come up on 24.1.2011 for issuing warrant of possession against the property of J.D. on filing of list of property.” The grievance of the petitioner is that the warrants of possession have been ordered to be issued on deposit of Munadi fees by learned Executing Court on 4.12.2010 which is not permissible as the order passed by the learned Executing Court on 1.12.2010 does not contemplate the issue of warrants of possession. I do not find that the contention of learned counsel for the CR No. 8314 of 2010 -2- petitioner is correct as per the order dated 1.12.2010 passed by learned Executing Court regarding the issuance of warrant of possession on filing of list of property. The warrants of possession are to be issued on filing list of property. The Court has permitted the decree holder to deposit the Munadi fees. The deposit of Munadi fees or the issuance of warrants of possession by itself does not decide any lis between the parties. The order passed by learned Executing Court is interlocutory in nature. No ground for interference is made out in exercise of the revisional jurisdiction of this Court. Dismissed in limine. (HEMANT GUPTA) JUDGE 20.12.2010 preeti