RANA SHAMSHER SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS revision petition by the Judgment Debtors [JDs], petitioners herein, is directed against order dated 18.1.2010 [Annexure P/2] regarding issuance of warrants of possession and order dated 19.4.21010 [Annexure P/4] whereby the Execution Petition was dismissed as satisfied as the Decree Holder did not want to proceed further with the same.

(2.) IT is claimed that the impugned orders were made by the Court below at the back of the petitioners and are liable to be set -aside. It is canvassed further that respondent Balbir Singh was not the sole L.R. Of Sohan Singh [Decree Holder] now deceased and rather, Decree Holder, Sohan Singh had left behind four sons and three daughters, who had not been impleaded parties in the Execution Petition. It is still further claimed that the application for setting aside the ex -parte proceedings against the petitioners JDs was pending adjudication and the same remained undecided. The Execution Application was also claimed to be barred by limitation.

(3.) IT is argued by learned counsel for the petitioners that the impugned orders, having been passed at their back and when their application for setting aside the ex -parte proceedings was pending, are not sustainable and are liable to be set -aside.