LAWS(KAR)-1985-9-10

K T THIMME GOWDA Vs. THIMME GOWDA

Decided On September 03, 1985
K.T.THIMME GOWDA Appellant
V/S
THIMME GOWDA Respondents

JUDGEMENT

(1.) ORDER :- This is a revision by judgment-debtor No. 6 against the order dt.7-2-1980 passed by the Munsiff, Maddur, in Execution Case No.127 of 1978, overruling his objections.

(2.) According to the learned counsel Sri Ranga Rao, for the revision petitioner, both the decree-holders, who had obtained the decree, had died before the institution of the present execution proceedings, and that the present decree-holders, who claim to be the legal representatives of the original decree-holders, cannot proceed with the execution, without obtaining a succession certificate as contemplated by S.214 of the Succession Act. That the original decree-holders, who had obtained the decree, have died, is not disputed before me at all.

(3.) Section 214 of the Succession Act, reads as -