JASBIR AND ANOTHER Vs. JOGINDER SINGH & OTHERS

JUDGEMENT

(1.) In this case notice of motion was issued on 15.10.2010 only to explore the possibility of amicable settlement. Counsel for the petitioners submits that there are no chances of amicable settlement as the petitioners are not ready to part with any money to satisfy the money decree which had been passed against Hukam Chand predecessor-in-interest of the petitioners.

(2.) Counsel for the petitioners submits that he has got a right to argue the matter on merits, therefore, one opportunity is granted to the petitioners to argue the matter. So far as order dated 01.09.2010 issuing warrant of attachment of property of JD No.1 is concerned, the order is appealable as per Order 21 Rule 58(4) CPC. The petitioners have not even opted to challenge the same as per Order 21 Rule 58(4) CPC. The revision petition is dismissed against the order of warrant of attachment of property.

(3.) Arguments may be addressed by the counsel for the petitioners for dismissing the objections of the petitioners claiming that they are not bound by the money decree passed against their father being the legal heirs as they have not inherited the property of the deceased judgment debtor.