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1956 Supreme(AP) 186

P.SATYANARAYANA RAJU, BHIMASANKARAM, K.SUBBA RAO
GANDIKOTA KRISHNA SOMAYAJULU – Appellant
Versus
DEVARAKONDA ANNAPPA – Respondent


( 1 ) IT is conceded by advocates appearing for the panics that there is a conflict between two Division Bench decisions of the Madras High Court in Alagiriswami naidu v. Venkatachelapathy Ayyar and Narayanan Chetti v. Panehanathan Chettiar . It was held in Alagiriswami Naidu v. Venkataehalapathi lyar that an execution application filed by the legal representative of a deceased decree-holder without being brought on record as his legal representative was one made in accordance with law whereas in Narayanan Chetti v. Panchanathan Chettiar it was ruled that a decree passed solely in favour of a Hindu father cannot, after his death, be executed by his sons without recognition by the court which passed the decree of the devoluu cn upon them of the decree, even though the sons may be entitled along with their father to the benefits of the decree. As this matter relates to procedure and the question arises often, it is necessary to have the authoritative decision of a Full Bench on the following question :"whether an execution application filed by the legal representative of a decree-holder who was not brought on record as his legal representative was, one made in accordance with law ?"o











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