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Monday, August 30, 2010

Civil Procedure Code, 1908, O. 21--Execution Proceeding

2010(3) LAW HERALD (P&H) 1922
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L. N. Mittal
C. R. No. 4033 of 2010
Balraj
v.
Nathu Ram & Ors.
{Decided on 01/07/2010}
For the Petitioner: Mr. Avtar Singh Khinda, Advocate.
Constitution of India, 1950, Art.227--Civil Procedure Code, 1908, O. 21--Execution Proceeding--Objections--Possession--Contention that suit property belong to Cantonment Board and therefore, decree-holder cannot seek possession of suit property in execution of decree is misconceived--No such objection can be raised in execution petition--Petitioner is son and grandson of judgment-debtors and claims through them--Petitioner has no independent right to remain in possession of suit property. (Para 4)