2011 YLR 1169 LAHORE-HIGH-COURT-LAHORE

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RASOOL BIBI VS MUHAMMAD BASHIR Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Code of Civil Procedure 1908--47 , Execution of decree--TERM , S. XXI, R.10 & S.47---Execution of decree---Objection to---Executing Court issued warrant of possession against judgment-debtors on the ground that right of decree-holders had become final upto High Court and even if it was assumed that one of the co-sharers had sold his share in the disputed property, the decree to the extent of remaining land was executable---Appellate Court dismissed appeal against the order passed by Executing Court---Legal heirs of the decree-holder asserted that they were co-sharers in the disputed property and the decree was not executable against them unless a decree for partition was passed---Validity--- Judgment-debtors were trespassers and decree against them had to be executed for surrendering possession of the disputed land---Plea of the legal heirs that unless and until a decree for partition was passed, the decree-holder was not entitled to possession from the judgment-debtors was devoid of any merit---Legal heirs could not claim that judgment-debtors were in possession of their property---Legal heirs themselves filed suit for partition, meaning thereby they had admitted that they were co-sharers in each and every inch of Khata---Executing Court had rightly passed an order for eviction of judgment-debtors front the disputed land---Petition was dismissed by High Court.