SHIVALINGESHWARA OIL MILL Vs. CHANNAVEERAPPA

JUDGEMENT

(1.) IN this petition filed under Section 115 of the CPC, the petitioners, who are L. Rs of deceased Managing Partner of an oil mill, have questioned the impugned order dated 5-9-2003 passed in Execution No. 6 of 1991, by which the objection taken by them regarding execution of decree against the property of the deceased has been rejected and answered in favour of the respondent-decree-holder.

(2.) IT was vehemently argued for the petitioners that the property now sought to be sold has been held by the Court as personal property of the deceased and not of the firm; that the execution of the decree obtained against firm should have been proceeded against the property of the firm - oil mill and not against the personal property of deceased mahalingappa Kori when, in fact, the firm is judgment-debtor and not said Mahalingappa Kori; that the firm - oil mill has not been property represented after the death of Mahalingappa Kori as no partner of the said oil mill has been brought on record though there are still three more partners of that firm - oil mill and that said oil mill is not working and its business is closed and hence, the execution of the property, which belongs to deceased Mahalingappa Kori is not proper. On the other hand, the learned Counsel for the respondent-decree-holder has supported the impugned order. Perused the records carefully.

(3.) THE point for consideration is: