CHANDRASHEKHAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS and respondent Nos. 3 to 5 are the legal representatives of late Chandrashekhar who was the owner in respect of the land in Sy. No. 342, measuring 15 acre 36 gunta situated at Aurad (B) village, taluk and district Bidar. The respondent No. 1 had acquired the land and compensation was awarded to the claimant and the claimant's case was referred to the Reference Court and compensation was enhanced. Chandrashekhar filed execution petition and during the pendency of the said execution petition, he died. His legal representatives, i.e. the petitioners herein, filed an application under Order 22 Rule 3 of the CPC to come on record as legal representatives of decree holder late Chandrashekhar. The Additional Senior Civil Judge, Bidar has rejected the same by disposing of the said application with a direction to approach afresh after obtaining Succession Certificate. The said order has been challenged in this petition on the ground that the learned Civil Judge has committed an error. His order is contrary to the judgment of the Hon'ble Supreme Court and also of this Court.

(2.) THE learned counsel referred to sub -section (3) of Section 47 of the CPC which reads as under:

(3.) THE learned AGA appearing for respondent No. 1 submitted that the Court wants to satisfy itself about the status of legal representatives of deceased decree holder and also with regard to the genuineness of the document. Therefore, he submits that the order passed by the Executing Court is sound and proper and prays for dismissal of the writ petition.