O R D E R

Aggrieved by the order dated 06.11.2009 in E.P.No.34/2008 in O.S.No.72/0007, the judgment debtors 1 and 2 have come up in revision.

2. The predecessor-in-interest of the petitioners borrowed amount from the first respondent herein and he instituted O.S.No.72/2007 against the judgment debtors for realization of an amount of ₹3,92,059/-. After trial, a decree was passed for a sum of ₹2,98,720/- with 6% interest on suit amount from the date of suit till realization. The decree specified that the legal heirs of the original debtor will be liable only to the extent of asset inherited by them consequent on the death of the original judgment debtor.

3. It appears that execution was taken out by the decree holder. The judgment debtors entered appearance and resisted the claim. It was pointed out that the judgment debtors had received only an amount of ₹3,16,181/- as pensionary benefits of the deceased. The amount so received has been utilized for discharging other debts incurred by the deceased. No further amount or assets belonging to the deceased is available with the legal heirs of the deceased. It was also contended that the property attached in execution was the property belon