SIVARAMAN A K Vs. K V NARENDRANATHAN

JUDGEMENT

(1.) THE petitioner challenges Ext.P8 order dated 24.9.2010 in I.A.Nos.1194 of 2007, 1195 of 2007, 1616 of 2008 and 1617 of 2008 in A.S.No.159 of 2007, on the file of the Court of the District Judge, Palakkad. The appeal, A.S.No.159 of 2007, was filed against the order dated 30.7.2007 in the execution proceedings in O.S.No.656 of 1994 before the Sub Court, Palakkad, by which, the application filed by the petitioner under Rule 97 of Order XXI of the Code of Civil Procedure was dismissed by the executing court.

(2.) THE suit was filed by Venkitakrishnan against Hariharan for realisation of money. In execution of the decree, the property belonging to the judgment debtor was sold in auction and it was purchased by K.V.Narendranathan. When delivery was attempted to be made, the petitioner obstructed. He also filed an application under Rule 97 of Order XXI of the Code of Civil Procedure before the executing court. The executing court dismissed that application by the order dated 30.3.2007. Before the order dated 30.3.2007 was passed by the executing court, the judgment debtor Hariharan and the decree holder Venkitakrishnan passed away. Their legal representatives were not brought on record and it was not brought to the notice of the Court by any of the parties. The executing court passed the order as if the decree holder and the judgment debtor were alive.

(3.) THE court below, relying on the decision in Paru v. Devaki Varassiar (1992 (2) KLT 687), dismissed the applications.