- (1.) The issue involved in this case is as to whether an order for rateable distribution of the assets of the decree-holder could be passed by the Executing Court without there being any application filed by the other decree-holders especially before the receipt of such assets by the Court?
(2.) The brief facts of the case are that the petitioners have an award dated 16.03.2009 in their favour passed by the Tribunal Town Improvement Trust/District Judge, Kapurthala on account of acquisition of their land. The said Court had decided various land references by a common order but the petitioners had filed their execution separately in which the judgment-debtor/Improvement Trust filed their objections which were dismissed on 17.12.2011 and the account of the judgment-debtor with the Bank of Baroda was attached. While the petitioners were pursuing their execution, an order was passed by the Executing Court on 14.03.2012, which reads thus:- "At this stage, ld. Counsel for the Improvement Trust submitted that there are two other cases titled as "Urmila Rani Vs. Land Acquisition" and "Dhani Ram Vs. Improvement Trust". So the question involved in this case is that as to whether there should be rateable distribution or not. So, in view of the request having been made by DH, case is adjourned to 15.03.2012 for consideration regarding the rateable distribution."
(3.) Counsel for the petitioners has submitted that the Executing Court has wrongly recorded in the zimni order dated 14.03.2012 that the request was made by the decree-holder for rateable distribution, rather the request was made by the judgment-debtor.;