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2002 Supreme(Kar) 712

R.GURURAJAN
SANGAPPA MALLAPPA KURI – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER, BAGALKOT – Respondent


Advocates:
N.BASAVARAJAIAH HIREMATH, S.P.KULKARNI

R. GURURAJAN, J.

( 1 ) A decree holder is before me challenging an order dated 18-7-2002 passed by the learned Principal Civil Judge (Senior Division), Bagalkot in Execution Petition No. 108 of 2002.

( 2 ) AN award was passed in favour of one mallappa Kuri in LAC No. 266 of 1996. Dyamawwa is wife of Mallappa Kuri. She filed an Execution Petition seeking execution of the award and decree dated 15-9-2000 passed in LAC No. 266 of. 1996. An application filed by her was considered by the learned Judge. After considering the same, learned Judge has chosen to following order. "i. A. No. 1, u/o. 22, Rr. 2 and 3, C. P. C. is allowed. No order as to cost is passed. Applicant LR of the deceased awardee can seek execution of the award/decree passed in LAC. 266/96 only on production of succession certificate. "petitioner is aggrieved only with regard to an order of production of succession certificate in this petition.

( 3 ) LEARNED Counsel for the petitioner contends before me that there is no need for production of a succession certificate. He tries to distinguish a Division Bench judgment of this Court, reported in ILR 1999 kant 4411, Mallappa, since deceased by his lrs. v. Assistant Commissi







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