(1.) The petitioners, who are impleading applicants in the execution proceedings in Ex. Case No.2285/2017 have called in question the correctness of the order at Annexure-'A' dtd. 17/12/2022, which is the order of 14/11/2022 passed on I.A.No.1 filed under Order 21 Rule 54 and 64 read with Sec. 151 of C.P.C., whereby the executing Court has allowed the application filed by the Decree Holder and ordered for issuance of attachment warrant of immoveable property and also for issuance of sale notice.
(2.) The petitioners have also sought for setting aside of the order of 24/1/2023, whereby the executing Court has ordered for reissue of sale notice and fixed the Spot sale on 2/2/2023 and Court sale on 17/2/2023 .
(3.) It is the case of the petitioners-impleading applicants that the petitioners and Judgment debtor are children of Smt.Revamma and that the property belonged to Smt.Revamma and subsequently after her death, the Judgment Debtor has got the revenue records transferred to her name though the property belonged to all the legal heirs of late Smt.Revamma. Accordingly, it is submitted that the Decree Holder could not have proceeded against the property which belonged to all the legal heirs of late Smt.Revamma as regards the debt incurred by the Judgment Debtor.