IN THE HIGH COURT OF PUNJAB AND HARYANA (128) GURMEET SINGH RAJ KUMAR CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. for the petitioner. **** VIRINDER AGGARWAL 1. The present revision 01.09.2025 (Annexure P specific portion out of 2. The order has been assailed on the grounds that petitioner is u the agreement, purchased the property during the pendency of the suit and invested significantly in constructing the house without any objection respondent/decree holder disentitle him from questioning the title of the petiti that respondent/decree holder cannot be allowed to get the relief indirectly was not entitled to get directly and the Khasra number has not bee today. Thus, without Petitioner had purchased owner of 1 bigha 4 biswas of land and there is no rationale behind selecting specific 10 biswas of land out of that 3. Perusal of the impugned order shows that the objection petition filed by the Objector has been declined by the Executing Court by recording detailed reasons and it has been clearly observed that vide decree, plaintiff was held entitled t IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR- Date of Decision: GURMEET SINGH Versus -.- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Balwinder Singh Sudan, for the petitioner. **** VIRINDER AGGARWAL, J. (Oral) The present revision petition has been directed against the order d 01.09.2025 (Annexure P-20), vide which, warrants of possession has been issued of specific portion out of the joint un-partitioned land. The order has been assailed on the grounds that petitioner is u purchased the property during the pendency of the suit and invested significantly in constructing the house without any objection respondent/decree holder disentitle him from questioning the title of the petiti respondent/decree holder cannot be allowed to get the relief indirectly was not entitled to get directly and the Khasra number has not bee without seeking partition, a co-sharer cannot seek dispossession. purchased the land vide common sale deed dated 18.11.2005 being co owner of 1 bigha 4 biswas of land and there is no rationale behind selecting specific 10 biswas of land out of that, So, the impugned order be set aside. Perusal of the impugned order shows that the objection petition filed by the Objector has been declined by the Executing Court by recording detailed reasons and it has been clearly observed that vide decree, plaintiff was held entitled t IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -6216-2025 Date of Decision:-08.09.2025 … Petitioner ... Respondent HON'BLE MR. JUSTICE VIRINDER AGGARWAL petition has been directed against the order dated 20), vide which, warrants of possession has been issued of The order has been assailed on the grounds that petitioner is unaware of purchased the property during the pendency of the suit and invested significantly in constructing the house without any objection. Acquiescence of the respondent/decree holder disentitle him from questioning the title of the petitioner and respondent/decree holder cannot be allowed to get the relief indirectly, which he was not entitled to get directly and the Khasra number has not been partitioned till sharer cannot seek dispossession. the land vide common sale deed dated 18.11.2005 being co- owner of 1 bigha 4 biswas of land and there is no rationale behind selecting specific 10 be set aside. Perusal of the impugned order shows that the objection petition filed by the Objector has been declined by the Executing Court by recording detailed reasons and it has been clearly observed that vide decree, plaintiff was held entitled to ated 20), vide which, warrants of possession has been issued of naware of purchased the property during the pendency of the suit and invested cquiescence of the oner and which he n partitioned till sharer cannot seek dispossession. - owner of 1 bigha 4 biswas of land and there is no rationale behind selecting specific 10 Perusal of the impugned order shows that the objection petition filed by the Objector has been declined by the Executing Court by recording detailed reasons o SAURAV PATHANIA 2025.09.10 17:49 I attest to the accuracy and integrity of this document possession of the property constructed over land Khewat No.76//67, Khatauni No. 80, Khasra No.590(2 village Marranwala, Lal, East: House of Aman, West: House of Avtar Singh, marked by letters ABCD in red colour in site plan attached with the plaint. 4. It has also been specifically recorded that during suit, Hussan Chand present petitioner- were set aside and appeal was also dismissed name of Gurcharan Singh and Gurmeet Singh were reverted back to Hussa from Hussan Chand to the plaintiff and that defective and Objector not and that the Executing Court cannot go behind the decree. The order p learned Executing petitioner/objector is hit by principle of infirmity in the findings recorded by 5. Learned Executing Court has not exercised the jurisdiction vested in it improperly or has not committed any material illegality, as such, finding no merit in the present revision 6. The present petition is dismissed, so also the p any. 08.09.2025 S. Pathania Whether reasoned / speaking? Whether reportable? possession of the property constructed over land measuring 10 biswas comprised Khewat No.76//67, Khatauni No. 80, Khasra No.590(2 village Marranwala, Tehsil Kalka, bounded as North: Rasta, South: Hoise of Kishori House of Aman, West: House of Avtar Singh, marked by letters ABCD in red colour in site plan attached with the plaint. It has also been specifically recorded that during n Chand sold the land to Gurcharan Singh, -Gurmeet Singh vide sale deed dated were set aside and appeal was also dismissed, and in execution name of Gurcharan Singh and Gurmeet Singh were reverted back to Hussa from Hussan Chand to the plaintiff and that the Objector cannot question as to if plaintiff is entitled to specific area or not and that the Executing Court cannot go behind the decree. The order p learned Executing Court is well-reasoned. The sale deed in favour of the petitioner/objector is hit by principle of lis pendens infirmity in the findings recorded by the learned Executing Court. Learned Executing Court has not exercised the jurisdiction vested in it improperly or has not committed any material illegality, as such, finding no merit in present revision petition. The present petition is dismissed, so also the p (VIRINDER AGGARWAL) Whether reasoned / speaking? Yes / No Whether reportable? Yes / No measuring 10 biswas comprised in Khewat No.76//67, Khatauni No. 80, Khasra No.590(2-4), 591(1-11), situated at bounded as North: Rasta, South: Hoise of Kishori House of Aman, West: House of Avtar Singh, marked by letters ABCD in It has also been specifically recorded that during the pendency of the sold the land to Gurcharan Singh, who further sold the same to vide sale deed dated 18.11.2005. These mutations and in execution all mutations in the name of Gurcharan Singh and Gurmeet Singh were reverted back to Hussan Chand and the title of the Objector has become cannot question as to if plaintiff is entitled to specific area or not and that the Executing Court cannot go behind the decree. The order passed by the reasoned. The sale deed in favour of the lis pendens and as such, there is no illegality, learned Executing Court. Learned Executing Court has not exercised the jurisdiction vested in it improperly or has not committed any material illegality, as such, finding no merit in The present petition is dismissed, so also the pending application(s), if (VIRINDER AGGARWAL) JUDGE Yes / No Yes / No in 11), situated at bounded as North: Rasta, South: Hoise of Kishori House of Aman, West: House of Avtar Singh, marked by letters ABCD in the pendency of the sold the same to hese mutations mutations in the n Chand and has become cannot question as to if plaintiff is entitled to specific area or assed by the reasoned. The sale deed in favour of the and as such, there is no illegality, Learned Executing Court has not exercised the jurisdiction vested in it improperly or has not committed any material illegality, as such, finding no merit in tion(s), if SAURAV PATHANIA 2025.09.10 17:49 I attest to the accuracy and integrity of this document