ESA-86-2025 (O&M) --1-- 127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ESA-86-2025 (O&M) Decided on:-09.07.2026 Mamta Saini ….Appellant. vs. Dhani Ram and others ….Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Munish Gupta, Advocate with Mr. Anil Saini, Advocate for the appellant. ***** HARKESH MANUJA J. (Oral) 1. By way of present appeal, challenge has been laid to the orders dated 11.08.2025 and 21.08.2025 passed by the Courts below, whereby, objections preferred at the instance of appellant in execution petition, filed in pursuance of the judgment and decree dated 05.08.2013 passed by the ld. First Appellate Court in a suit for partition and injunction, were dismissed. 2. The contention raised on behalf of the appellant is that she happened to be the daughter of one of the defendants, namely, Somdev, who died on 10.11.2004, whereas, the application for passing the final decree was filed much after his death on 06.12.2004 and that too, without impleading the appellant as one of his legal representatives, and ultimately the final decree came to be passed on 05.08.2013. Learned counsel thus, submits that the decree, having been passed without bringing all the legal representatives of the deceased-defendant on record, was thus, bad in law and non-executable. 3. I have heard learned counsel for the appellant and gone through SONIKA 2026.07.14 14:03 I attest to the accuracy and authenticity of this document ESA-86-2025 (O&M) --2-- the paper book. 4. Once, the appellant claims rights in the property of her deceased- father (Somdev), who was admittedly a party to the suit, her objections could not be treated as that having been preferred by third party. As such, instead of filing present appeal, the appellant needs to prefer a civil revision against the impugned decision. 5. Accordingly, the present appeal is disposed of, with liberty to the appellant to avail the appropriate remedy in accordance with law. 09.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.14 14:03 I attest to the accuracy and authenticity of this document ESA-86-2025 (O&M) --3-- SONIKA 2026.07.14 14:03 I attest to the accuracy and authenticity of this document