NARASIMHAMURTHY Vs. SURESH CHANDRA GUPTA

JUDGEMENT

(1.) Petitioners being the 2nd and 3rd judgment debtors in Execution Petition No.2/2017 are knocking at the doors of writ court for assailing the order dated 22.02.2019, a copy whereof is at Annexure-A, whereby the learned Principal Senior Civil Judge, Chikkaballapur has rejected their objection as to the maintainability of the Execution Petition. The contesting respondent decree holder having entered appearance through his counsel resist the writ petition.

(2.) Brief facts of the case:

(3.) The learned counsel for the petitioners vehemently argues that the judgment & decrees of the Courts below are a nullity since the provisions of the Act prohibit alienation; the permission to alienate was in existence only for a period of four months and therefore the decree could not have been granted after the expiry of the said period; the impugned order rejecting the objection to execution proceedings has an error apparent on its face warranting indulgence of this court; the learned counsel for the contesting respondent makes submission in justification of the impugned order.