' DOST MUHAMMAD KHAN, J.--- Impugned in this petition are the judgments dated 2-4-2001 of Civil Judge-I and dated 13-9-2003 of the learned Additional District Judge, Abbottabad entertaining objection petition against the execution of. Decree No,228/1 passed in favour of the petitioner on 16- 10-1996.
2. Arguments heard and record perused.
3. Decree in respect of suit Khasra numbers was passed by the trial Court which has attained finality as it was not challenged because it was an ex parte decree. When it was put to execution, possession of the decreed Khasra numbers was handed over to the decree-holder petitioner by the Local Commission on 19-8-1998 which was appointed by the executing Court. The respondent- objector filed the petition that instead A of the decreed Khasra numbers of other property belonging to him and other co-owners of adjoining Mauza was handed over to the petitioner. The objection petition does not clarify as to which Khasra numbers belonging to the objector were given.. It was entertained and admitted for hearing and parties were asked to adduce evidence for and against appeal filed by the petitioner was equally dismissed.
4. After brief arguments, learned counsel for the parties agreed to the proposition suggested by.
The Court that instead of holding a full dressed trial the one adopted by the trial Court and with the view to shorten the controversy let a Local Commission be appointed to carry out extensive demarcation on the spot according to law and to physically verify as to whether the decree-holder has been given possession of the suit Khasra numbers decreed or the one which are alleged by the objector, the learned counsel for the petitioner, however, prayed that the decree-holder is at the advanced stage of his life and the case/decree being fairly old enough time limit for the said exercise be given to the executing Court. In view of the agreement between the learned counsel to the suggested proposition this petition is disposed of in the terms that the impugned judgment of the two Courts below directing the holding of the trial and recording of evidence of the parties are set aside and instead executing Court is directed to appoint a competent Local Commission preferably revenue expert on the revenue law with direction that to carry out complete and extensive demarcation for locating the decreed suit Khasra numbers and to report as to whether the possession of the land of decreed Khasra numbers has been given to petitioner or some other Khasra number and to prepare a proper site plan showing location of the decreed suit Khasra numbers with the assistance of the Revenue official and Revenue Record. The parties would be entitled to raise objection to the report, where after the Local Commission may be examined by the Court giving right of cross-examination to the parties and thereafter the objection petition be decided but positively within two months.