IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 2787of 2009 (O&M) Date of Decision: 18.5.2009 Smt. Piaro and another ....Petitioners Versus Shri Mohinder Pal @ Mohinder Lal ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. R. L. Sharma, Advocate for the petitioners. Mr. J.S. Chahal, Advocate for the respondent/caveator. RAJESH BINDAL J The challenge in the present petition is to the order dated April 22, 2009 passed by the Executing Court whereby the objections filed by the petitioners/ judgment debtors were dismissed. Briefly the facts are that the respondent filed a suit for possession of area measuring 220 sq. feet ( 22' X 10') comprised in Khasra No. 160 out of total area measuring 4 marlas Khewat No. 47, Khatauni No. 56, H.B. No. 145 with specific boundary. The same was decreed by the trial Court on January 30, 2007. The judgment and decree of the trial Court was upheld upto to this Court. In execution of the decree, the petitioners raised objections that there exist a construction raised by the petitioners/judgment debtors on the area, the possession of which was sought by the respondent/decree holder and there being no relief of mandatory injunction of demolition of the property having been granted to the respondent/decree holder, the learned Executing Court was wrong in dismissing the objections filed by the petitioners. The finding recorded that the construction was raised after the passing of the decree is without there being any evidence on record. After hearing learned counsel for the petitioner, I do not find any merit in the submission made. From the very beginning the case of the petitioners is that they are owner in possession of area which is a part of Khasra No. 159 and has raised construction thereon. It was no where admitted by them during the course of proceedings before the trial Court that they are in possession of any portion of Khasra No. 160 regarding which the decree for possession has been passed and once that is so no illegality has been committed by the learned Court in granting the possession of 220 sq feet of land comprised in part of Khasra No. 160. The revision petition is accordingly dismissed. (RAJESH BINDAL) 18.5.2009 JUDGE Reema