BACHITTER SINGH Vs. CHATIN KAUR AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order of the executing Court dated 5th Sept., 1988, whereby dates were fixed for sale of the property after attachment.

(2.) At the time of motion hearing on 30th Sept., 1988, execution of the decree was stayed subject to the condition that Bachittar Singh petitioner deposits Rs. 15,000.00 within one month from that date in the executing court, failing which this order shall be deemed to have been vacated. Later on, vide order dated 4th Nov., 1988, the said time was extended by two months in C.M. No. 5443-CII of 1988. According to the petitioner, there was a joint decree to the extent of Rs. 30, 000.00 passed against petitioner Bachittar Singh and Natha Singh. In that execution, Bachittar Singh filed objections that he is not liable to pay the whole decretal amount. Half of the decretal amount was to be paid by Natha Singh. According to the order of the executing Court dated 18th Jan., 1988, the decree was passed against the defendant making them liable jointly and severally and the decree holder was at liberty to get the land of any of the two judgment-debtors attached and sold. The order of the executing court dated 18th Jan., 1988 was never challenged by the judgment debtors and had become final between the parties. In any case, no revision petition was maintainable against the-impugned order. In case, the petitioner deposits the entire decretal amount, the sale of the property be stayed, failing which the execution proceedings shall proceed in accordance with law.

(3.) The parties have been directed to appear before the executing Court on 17th April, 1991. Ordered accordingly.