The learned counsel for the petitioners submits that the petitioners filed counter to the I.A. on 05.06.2009, and even the Court below recorded the same in its docket proceedings on 05.06.2009, however, ignoring the said fact, the Court below, observing that the petitioners, namely respondent Nos. 2 and 3, though appeared through counsel did not file counter, on 12.06.2009, while directing posting of the matter on 19.08.2009, restrained the petitioners herein from alienating the schedule property to any third parties. The learned counsel submits that the schedule property is the self-acquired property of the petitioners and they have nothing to do with the litigation. He further submitted that even though the matter was listed on 19.08.2009, but due to non-availability of the Presiding Officer, the matter was not taken up, and it was adjourned. He submits that since the petitioners having nothing to do with the litigation, the order under revision passed by the Court below, restraining them from alienating the schedule property is liable to be set aside, and accordingly, prayed that the C.R.P. be allowed by setting aside the order under revision.
