IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6300 of 2009(O&M) Date of Decision: 30.10.2009 Butta Singh etc. ....Petitioners Versus Darshan Singh .....Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Rajinder Kumar Singla, Advocate, for the petitioners. * * * SABINA,J.(Oral) Plaintiff-Darshan Singh filed a suit for possession of land measuring 18 marlas, which was decreed by the trial court vide judgment and decree dated 11.11.97. Thereafter, the plaintiff filed an execution application. Vide the impugned order, objection petition filed by the petitioner was dismissed. Hence, the present revision petition. Learned counsel for the petitioner has submitted that the impugned order was liable to be set aside as the same had been passed without framing any necessary issues and thereupon deciding the lis between the parties. Learned counsel for the petitioner has further submitted that the suit was not maintainable as the co-sharers had not been impleaded as defendants. The remedy available to the plaintiff was to file a suit for partition because a sale of specific khasra number by a co-sharer can be treated as only sale qua his share. Plaintiff-Darshan Singh was a subsequent vendee who had purchased 5 kanals and 15 marlas of land vide C.R.No.6300 of 2009(O&M) ..2.. sale deed dated 26.05.1987 and hence, his share was to be determined at this stage subsequently. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition is devoid of any merit. Suit filed by the plaintiff was decreed and thereafter, the judgment and decree were maintained by the lower appellate court. The learned executing court, in the impugned order, has observed that from the perusal of the file, it revealed that earlier application moved by the petitioner regarding objections was dismissed vide order dated 21.03.2002 by a detailed order and hence, the objections were liable to be dismissed. Since the objections filed by the petitioners had already been dismissed by the executing court vide detailed order dated 21.03.2002,the learned executing court had rightly dismissed the objection petition filed by the petitioners again. The impugned order does not suffer from any material irregularity or illegality warranting interference by this court. Accordingly, the revision petition is dismissed. October 30,2009 (SABINA) Seema-II Judge