SHIVAMMA Vs. AROGYAMMA

JUDGEMENT

(1.) In these writ petitions, the judgment debtors 1 and 3 in Execution Petition No.78/2004 (re-numbered as 24/2007) are seeking to quash the execution proceedings pending on the file of Sr. Civil Judge.

(2.) Petitioners 1 and 2 are the wife and son respectively Sri. K.N. Nagaraju Suit O.S.No. 38/2000 was filed by Smt. Arogyamma against petitioners 1 and 2 and the 2nd respondent-Mallikarjuna for recovery of a sum of Rs.52,500/- along with interest alleging that the said sum was advanced by the plaintiff to the deceased Sri. KN.Nagaraju and that the petitioners and the 2nd respondent being the legal representatives of deceased Sri.K.N. Nagaraju having succeeded to his properties were liable to discharge the legal debt.

(3.) The suit came to be decreed on 09.02.2004 holding that the plaintiff was entitled to recover the said sum of Rs.52,500/- from the defendants along with interest at 6% p.a. During the course of judgment it is held that after the death of Sri.K.N. Nagaraju, his movable and immovable properties had come to the possession of the defendants and it is their legal obligation to pay the amount. This judgment, so far as the defendants are concerned has attained finality. The decree holder Smt. Arogyamma initiated execution proceedings in E.P.No. 78/2004 which is later on re-numbered as 24/2007. It is this proceeding that is sought to be quashed by the judgment debtors-petitioners herein.