ESHWARAPPA Vs. LAXVEN CHITS PVT LTD

JUDGEMENT

(1.) THIS writ petition is filed praying to quash and setaside the order dated 24.10.2013 in E.P.No.197/2011, passed on I.A.No.III on the file of the Additional Senior Civil Judge and J.M.F.C, Hospet, vide Annexure -E.

(2.) IN the Court below, I.A.III was filed by the judgment -debtor No.1 under Section 151 of CPC to recall the order issued against him. He has stated in the affidavit filed in support of the application that the award in question is going to be challenged in an appropriate forum. Even, if the warrant of arrest is being executed, the chance of recovery of amount is not there. The relevant documents, which he has furnished pertains to property bearing Survey No.80/A measuring 2.00 acres of Ingaligi village, which is valued more than Rs. 30,00,000/ - (Rupees Thirty Lakhs only).

(3.) THE decree -holder has filed objections. The decree -holder has stated that the judgment -debtors have filed the petition with a sole intention to drag the proceedings. It is the choice of the decree -holder to take appropriate steps.