A. GANGADHARA RAO, J.

( 1 ) TADIMALLA Rattamma, obtained a decree against the petitioners for maintenance with a charge over their immovable properties for realisation of the amount decreed. She died after obtaining the decree. Before her death, she executed a will on 12th Sept. , 1974 bequeathing the maintenance decree in favour of her daughter, Nidamarthi Kamala Kumari, the respondent. The respondent filed E. P. No. 55/1975 in the Court of the Subordinate Judge, Eluru, for execution of the decree. The petitioners--judgment --debtors took a preliminary objection that the execution petition was not maintainable without producing the succession certificate under S. 214 (1) (b) of the Indian Succession Act , 1925. The learned Subordinate Judge held that the charge was in the nature of a simple mortgage and no succession certificate was necessary, for proceeding against the property in execution. In this connection he relied upon Ramaswami V. Venkanna, AIR 1963 Andh Pra 135 and Ruprao V. Ram Rao, AIR 1952 Nag 88. He also observed that the decree included costs of the suit and no succession certificate was necessary for execution of a decree for costs. He relied upon S. Rajyalakshmi V.

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