Yashoda Devi and Others v. Neeta Devi and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(Online)(Chh) 50

CHHATTISGARH HIGH COURT
,
Yashoda Devi and Others v. Neeta Devi and Another

Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Table of Content
1. background facts of the petition and order. (Para 1 , 2)
2. arguments regarding time limits and applicability of laws. (Para 3 , 4)
3. court's analysis of legal principles in execution proceedings. (Para 5 , 6)
4. conclusion on the legality of the impugned order. (Para 7)
5. final ruling on the petition. (Para 8)

1. By this petition, the petitioner seeks to challenge legality and validity of the order dated 25-1-2006, passed by the 9th Additional District Judge (F.T.C.) Durg, in execution case No. 10 - A / 2000, whereby the application of the decree - holders (the respondents) to bring legal heirs of the judgment - debtor namely Ram Bharos Chhapariya, was allowed.

2. The indisputable facts, in brief are that a decree was passed on 20-4-2001 (Annexure P / 1) against Ram Bharos Chhapariya. During the pendency of the execution proceedings, Ram Bharos Chhapariya died on 1-3-2003. The respondents decree - holders filed an application on 27-3-2004 for bringing the legal heirs of the deceased judgment - debtor on record which was allowed by the executing Court. Thus, this petition.

3. Shri Tiwari, learned counsel appearing for the petitioners would submit that since an applica