IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No. 5074 of 2011 Date of Decision: 5.9.2011. Jarnail Singh & others --Petitioners Versus Subhash Chander & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Kamal Narula, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) This revision is directed against the order dated 6.8.2011 passed by the Addl. Civil Judge (Sr. Divn.), Ferozepur rejecting the objections of the petitioners in respect to the execution of the decree. Briefly stated the facts as emerge from the record are that a decree for possession of the plot measuring 60 feet x 40 feet comprised of rectangle no.111, Killa No.7/1, situated at Khane ke Ahal Road, near Shivala Mandir, Ferozepur City by demolishing the illegal super structure, was passed in favour of respondent no.1 and against respondents no.2 and 3. The judgement and decree attained finality. On failure of the respondents no.2 and 3 to comply the decree an execution petition was filed by the respondent no.1 in the court of Addl. Civil Judge (Sr. Divn.), Ferozepur against respondents no.2 and 3. Petitioners no.1 and 2 claiming to be the sons of respondent no.3 and petitioner no.3 claiming to be the daughter of respondent no.2 filed an objection petition objecting the execution of the decree on the ground that they are in possession of the property as owners thereof and the decree is not binding upon them. They further pleaded that the judgement debtors are not residing in the property. The trial court after C.R. No. 5074 of 2011 -2- inviting objections from the decree holder dismissed the objections filed by the petitioners vide the impugned order. It has been held that the objectors (petitioners herein) have failed to establish that they are owners of the property. Admittedly, the petitioners are sons and daughters of the judgement debtors, thus, in absence of there being any material on record of their independent right to hold the property, they claim their right only through the judgement debtors and are bound by the decree. In this view of the matter, the executing court has rightly dismissed the objections. There is no illegality or irregularity in passing the impugned order nor does the order impugned suffer from any jurisdictional error. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 5.9.2011. lucky