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2024 Supreme(Online)(TEL) 22714

HIGH COURT OF TELANGANA
K. SUJANA, J
Mohd Shareef Jameel – Appellant
Versus
Mohd Muneer – Respondent


ORDER:

Challenging the order dated 06.02.2024 passed in E.A.No.63 of 2023 in E.P.No.151 of 2018 by the learned IX Additional Chief Judge, City Civil Court, Hyderabad, the present civil revision petition is filed.

2. The brief facts of the case are that a petition filed by a proposed party claiming to be the legal representative (LR) of Judgment Debtor (J.Dr) No. 6, who allegedly died on 05.09.2022. However, the trial court noted that under Section 50 of the CPC, it is the responsibility of the Decree Holder to bring the LRs of the J.Dr on record. The proposed party failed to provide documentation proving their relationship with J.Dr.No.6 and merely stated that he should be brought on record. Since the Execution Petition (EP) was only for delivery of possession, and the suit property was already registered in the name of the Decree Holder by the Court, the petition was deemed devoid of merit and dismissed. Aggrieved by the said order, the present civil revision petition is filed.

3. Heard Sri T. Sharath, learned counsel appearing on behalf of the petitioner as well as Sri K. Jamali, learned counsel appearing on behalf of the respondents.

4. Learned counsel for the petitioner submitted

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