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SUBBA REDDY SATTI
Mangali Chinthala Chinna Nagamma (Died) BY L. RS. , S/O. Lingaiah – Appellant
Versus
Mangali Chitala Giddamma Died – Respondent
ORDER
The above revision is filed against the order dated 15.09.2011 in E.P.No.65 of 2007 in O.S.No.3 of 1981 on the file of the Court of the Senior Civil Judge, Nandikottur.
2. a) One Mangali China Nagamma, being the plaintiff, filed suit O.S.No.3 of 1981 (old O.S.No.437 of 1974) on the file of District Munsif, Nandikottur against Mangali China Giddamma and K.Mallayya, for declaration and injunction and alternatively for possession in respect of land in S.No.269/2-B. The plaintiff also filed another suit O.S.No.30 of 1981 for injunction. The suit O.S.No. 3 of 1981 suit was decreed on 25.06.1983. Aggrieved by the judgment and decree, M.C.Giddamma filed appeal A.S.No.76 of 1983 on the file of II Additional District Judge, Kurnool. The appeal was allowed by judgment and decree dated 12.09.1988, and the judgment and decree dated 25.06.1983 in O.S.No. 3 of 1981 was set aside, as a result, the suit was dismissed.
b) Pending the appeal, the plaintiff in the suit M.C.China Nagamma executed the decree in O.S.No.3 of 1981, as a result, the property was delivered to the plaintiff on 10.09.1983.
c) Against the judgment and decree in A.S.No.76 of 1983, the plaintiff filed S.A.No.610 of 1988. The s
The decree remains valid despite the death of a party if not communicated, and execution petitions for restitution are maintainable under Section 144 of CPC.
An ex parte decree that is cryptic and non-compliant with procedural requirements cannot be executed; necessary amendments to parties and relief sought must be pursued to validate execution.
A decree remains executable even if some defendants are deceased, provided their heirs are on record and did not contest the suit.
Legal heirs can execute decrees on behalf of deceased predecessors under Section 146 CPC, despite not being original parties in prior proceedings.
Restitution of a judgment debtor – Execution of a decree by sale of entire immovable property of judgment debtor is not to penalise him but same is provided to grant relief to decree holder and to co....
Non-executability of decree – If decree is not nullity, executing court is required to execute such decree unless it has been set aside by a competent court in an appropriate proceeding.
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
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