JUDGEMENT
HEMANT GUPTA, J. -
(1.) The challenge in the present revision petition is to the order
dated 28.8.2006, passed by the learned Executing Court, whereby the
Objections filed by the petitioner in respect of execution of the decree dated
21.4.1999, affirmed by the First Appellate Court on 16.10.2002, were
dismissed.
(2.) Plaintiff's suit for possession of land measuring 8 marlas out of
land measuring 2 kanals 14 marlas, was decreed by the learned trial Court
while holding that the defendants have encroached upon 2 marlas of land as
per the report of the Local Commissioner.
(3.) Learned counsel for the petitioner has vehemently argued that
in execution of the decree, only symbolic possession can be taken by the
decree holder as the actual possession can be delivered after the partition of
the joint property. However, I do not find any substance in the argument
raised by the learned counsel for the petitioner. The suit for possession was
decreed in respect of specific land. Said decree has been affirmed in appeal
as well. Since the decree is of specific portion demarcated on the report of
the Local Commissioner, I do not find any substance in the arguments raised
by the learned counsel for the petitioner.;
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