VENKATARAM AND ORS. Vs. POONAM V. MAKHIJA

JUDGEMENT

(1.) The petitioners are before this Court assailing the order dated 17.09.2010 passed in Execution Case Nos. 997/2002 c/w 999/2002, 2498, 2499 and 2500 of 2007 on the file of the VIII Addl. Small Causes Judge, Bengaluru city. The petitioners in that light are seeking that the property bearing 177/1, New No. 3/1, I floor, II Cross, I main, Lower Palace Orchards, Sadashivanagar, Bengaluru be held as the property of the original Judgment Debtor to which the respondent has succeeded and as such direct the respondent to satisfy the award. The further direction is sought to the Executing Court to bring the said property for sale to realise the award amount.

(2.) The petitioners having filed the claim petitions under the provisions of the Motor Vehicles Act in M.V.C. Nos. 919, 920 and 921 of 1995 had secured the judgment and award dated 04.04.2001. In the said proceedings, the award was passed holding the respondent therein viz., L.M. Vasudev as being liable to satisfy the award. In that view, the petitioners herein instituted the above referred execution petitions seeking to recover the said amount. During the pendency of the proceedings, the said L.M. Vasudeva was shown as the Judgment Debtor and as such the respondent herein was brought on record as the legal representative of the deceased Judgment Debtor. In the pending execution proceedings, the legal representative of the judgment debtor i.e., the respondent herein filed an application under Sec. 151 of C.P.C. contending that she has not succeeded to the estate of the deceased Judgment debtor and in that view sought exclusion of the property the details of which is referred supra, which was sought to be included by the petitioners herein for the recovery of the award amount.

(3.) The application filed by the respondent herein was opposed by the petitioners. After detailed consideration, the Executing Court by the order dated 17.09.2010 has allowed the application filed by the respondent and dismissed the execution petition. It is in that view the petitioners are before this Court.