A legal representative of a deceased judgment debtor can be considered necessary in execution proceedings only if the monetary claim is pursued.

JUDGMENT

The original petition has been filed by the legal representative of the deceased 1^st judgment debtor. The petitioner’s predecessor died pending E.P.No.7 of 2022 in O.S.No.144 of 2015 on the file of the Munsiff Court, Kanjirappally, which was a suit for eviction of 1^st defendant and her son 2^nd defendant and his wife Ambili from item No.2 building in plaint item No.1 property. It is stated that there is yet another building in item No.1 property, which is in the use and occupation of the petitioner. The petitioner filed an application for impleading her as a respondent in the execution petition on the death of the 1^st defendant. Respondents 2 and 3 filed another petition as E.A.No.1/2023 seeking to dismiss the execution petition since all the legal representatives of the deceased 1^st judgment debtor/1^st defendant are not made parties. The 1^st defendant had preferred an appeal against the original judgment which had been dismissed by the Sub Court, Pala and it is stated that the second appeal has been filed and is pending. The execution court dismissed the application stating that the 1^st defendant was only a licencee and hence there is no question of the rights surviving to the legal heirs and there is no necessity to implead the petitioner.

2. The contention of the petitioner is that in the suit there was a prayer for recovering Rs.2,85,000/- with future amount at Rs.3,000/- per month from the 1^st defendant and her assets and the legal representative is a necessary party as far as the said portion of the decree is concerned.

3. During the hearing, the counsel for the decree holder submitted that the 1^st defendant died without leaving behind any property and hence they do not intend to prosecute the decree as far as the monetary claim is concerned. The above submission is recorded. Once the claim is not being pursued, there is no necessity to implead the petitioner. In the above circumstances, this original petition is disposed of recording the submission made by the respondent decree holder that they do not wish to prosecute monetary claim. It is made clear that the execution shall proceed only with regard to the portion regarding eviction from plaint item No.2 building in the property.

Sd/-