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1982 Supreme(AP) 486

LAKSHMI NARAYANA REDDY
Pentakota Baburao – Appellant
Versus
Tikkamchand – Respondent


LAKSHMINARAYANA REDDY, J.

( 1 ) THIS revision is filed against the orders passed in E P. No. 170 of 1981 in O S. No. 155 of 1969 on the file of the II Additional Subordinate judge, Visakhapatnam.

( 2 ) THE revision petition arose in the following circumstances. One tikkam Chand is the decree-holder having obtained the decree in O S No. 15^ of 1969 against one Pentakota baburao. the present revision petitioner tikkam Chand filed E P No. 121 of 1974 for execution of the decree against the present revision petitioner. That the proceedings in the E. P. were closed on 1-4-76 on the ground that no bidders are available. Subsequently the decree holder Tikkam Chand died.

( 3 ) THEREUPON, his wife and children filed E P. No. 170 of 1981 for execution of the decree against the judgment debtor; and also for permitting them to proceed with the execution petition as legal representatives of the decree- holder.

( 4 ) THE objection raised is, that the petition is not maintainable without filing a succession certificate, in view of Section 214 (1) (b) of the indian Succession Act. The lower court rejected the objection and permitted the petitioners to prosecute the execution petition as legal repre








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