Civil Revision No.6395 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6395 of 2010 (O&M) Date of decision: 01.10.2010 Kashmir Kaur and others ....Petitioners Versus Dalip Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. R.K. Arya, Advocate, for the petitioners. ***** VINOD K. SHARMA, J (ORAL) The petitioner has invoked the revisional jurisdiction of this Court to challenge the order dated 18.9.2010 passed by the learned Executing Court, vide which the objections filed by the petitioners have been ordered to be dismissed. The petitioners-judgment-debtors entered into an agreement to sell a double storey building. On failure to execute the sale deed, the decree-holders- respondents filed a suit for specific performance of agreement to sell. The suit was decreed. In pursuance of the decree passed, on an application for execution moved by the decree-holders conveyance deed was executed and when the warrant of possession was to be issued, the petitioners filed objections by claiming therein, that the decree-holders were not entitled to specific performance of agreement to sell, as they had raised construction over the property by spending a sum of ` 20,00,000/- Civil Revision No.6395 of 2010 (O&M) -2- (Rupees twenty lac only). Second objection taken was, that the amount as per decree was not deposited in time. The learned Executing Court dismissed the objections on the ground, that these objections could be taken before the learned Court before the decree was passed and not thereafter, as it is not open to the learned Executing Court to see whether a decree for specific performance could be passed or not, as the Executing Court cannot go behind the decree. It was for the petitioners to have taken these defences in the main suit, as the learned Executing Court could not go into the merits of these objections, specially when conveyance deed also stood executed. No merit. Dismissed. (Vinod K. Sharma) Judge October 01, 2010 R.S.