( 1 ) THIS appeal is directed against the order passed by the Chief Judge, City Civil Court, Hyderabad dated 22nd day of April 1975, overruling the objections raised bye the judgment-debtor and directing the decree-holders to take further proceedings in the execution petition.

( 2 ) IT was contended by the learned counsel for the appellant that without obtaining a succession certificate, the respondent could not proceed with the execution of the decree. To understand the above contention, it is necessary to state the brief facts which are as under :

( 3 ) THE respondent filed O. S. No. 6/1973 before the Chief Judge, City Civil Court Hyderabad, for partition of the suit schedule properties. A preliminary decree was passed on 31-7-1973 and costs were awarded to the plaintiff against the lst defendant. On 5-3-1974 the sole plaintiff died and his legal representatives were brought on record on 2-9-1974. Thereafter, E. P No. 5/1975 was filed on 9-3-1975. The judgment-debtor filed a counter-affidavit in E. P. No. 5/75 stating therein that the decree-holder died in 1974 after passing of the preliminary decree. The legal representative, i. e. the present petitioner cannot