NAGAMMA Vs. NINGAMMA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the counsel for the respondent.

(2.) ). The petitioners are the Judgment-Debtors in Ex. Petition No. 72/93 on the file of the Munsiff, Chithapur. They have in this petition challenged the order dated 4-7-1995 passed by the Court below holding that the decree for maintenance obtained by respondent against her husband Chandappa does not extinguish with the death of Chandappa and the decree-holder can create charge over the schedule property and recover the arrears of maintenance of Rs. 4760/- from the Judgment debtors who are the L. Rs. of the deceased husband of the decree holder and also the decree holder is entitled to claim subsequent maintenance amount from the Judgment debtors.

(3.) IT is an admitted fact that the respondent has obtained a decree for maintenance against her husband Chandappa Jedi and filed the present execution case. The contention of the petitioners is that after the death of Chandappa, the husband of the respondent, the decree for maintenance obtained by the respondent gets extinguished and the same cannot be executed.