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Judgment
V.K. Jhanji, J.—This revision petition is directed against the order whereby warrants of possession have been ordered to be issued. The grievance of the petitioner is that the Subordinate Judge has no jurisdiction to issue warrants of possession even for delivering symbolic possession because decree in question is only for declaration and no execution lies against such a decree. Counsel for the respondents after going through the decree has conceded that the decree is only for declaration.
In view of the above, order under revision is set aside. The execution application filed by decree-holder shall stand dismissed.
At this sage counsel for the decree-holder contended that in the suit, decree-holder had made an alternative prayer for possession but the trial Court passed decree for declaration. The contention raised by the Counsel cannot be gone into in this revision petition which is against the order passed in execution proceedings.
Revision petition stands disposed of accordingly.