K M SRINIVASA Vs. VENKATASAMI

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner is stated to be the transferee of an immoveable property which is subject of decree passed in O. S. No. 287 of 1981 of the trial Court in favour of decree-holder named Jayamma and against two respondents herein who are defendants in the said suit. That suit was filed against them by Jayamma for the relief of declaration that she was the absolute owner of the suit property and for delivery of the possession thereof by respondents-defendants. By consent of parties the said suit came to be decreed as prayed, on 16-4-1987. Subsequently, on 26-6-1989 the decree-holder-Jayamma is stated to have alienated the suit property to petitioner by a registered sale deed. The petitioner is none else than her brother. Thereafter, the decree-holder had made execution petition in E. P. No. 162 of 1992 before the Court below for execution of the decree. Its execution was opposed by respondents judgment-debtor on the ground of the suit property having been transferred by her decree-holder to her brother under the said sale deed dated 26-6-1989. Then that Ex. Petition No. 162 of 1992 was withdrawn by her.

(3.) THEREAFTER, the present petitioner who is the said transferee took out execution thereof in Ex. Petition No. 319 of 1992 in the Court below. That execution petition was opposed by respondents-judgment-debtor. on the ground that petitioner had no locus standi to seek execution of the decree, in that, he was neither party to the suit nor a party to the decree and also that the present petition was not maintainable in view of the decree-holder having got her said earlier execution petition dismissed by filing a memo. Upholding both these grounds of objection the learned Judge of the Court below has dismissed the Execution Petition no. 319 of 1992 of the petitioner as not maintainable, by its impugned order dated 6-9-1992.