JUDGMENT :

M.G. Priyadarsini, J.

Aggrieved by the order and decree dated 30.10.2023 in E.A.No.36 of 2010 in E.P.No.12 of 2010 (hereinafter will be referred as ‘impugned order) passed by the learned I Additional District Judge at Khammam (hereinafter will be referred as ‘Executing Court’), the claim petitioners have preferred the present appeal to set aside the impugned order.

2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the Executing Court.

3. The brief facts of the case, which necessitated the appellants to file the present appeal, are as follows :

(a) The claim petitioners filed claim application vide E.A.No.36 of 2010 in E.P.No.12 of 2010 under Order XXI Rule 58 of the Code of Civil Procedure with a prayer to release the petition schedule property from the suit as well as E.P. proceedings by dismissing the claim of respondent No.1/plaintiff and to declare the claim petitioner No.1 as owner and possessor of the petition schedule property. The brief averments of the claim petition are as under:

(i) The claim petitioners are none other than wife and children of respondent No.2/defendant, against whom the respondent No.1/plaintiff file