ANNAMMA JOHN Vs. LIGI ZACHARIA

JUDGEMENT

(1.) THE judgment debtors in E.P.No.139 of 2011 in O.S.No.662 of 1993 of the Additional Sub Court, Kottayam are aggrieved by Ext.P5, order dated 18.01.2012 posting the execution petition for objection of the petitioners rejecting their contention regarding maintainability of the execution petition.

(2.) THE deceased plaintiff filed O.S.No.662 of 1993 against the petitioners and others for various reliefs including correction of resurvey number of the property. The trial court granted a decree only in part and the suit filed by the petitioners was dismissed. The appellate court modified the decree. The 1st respondent sought execution of the modified decree claiming that he is a legatee as per Ext.A1, Will dated 21.12.2004 executed by the deceased - plaintiff. That was objected by the petitioners on the ground that the natural heirs of the plaintiff are not made parties to the execution petition and that to execute the decree, the 1st respondent was bound to produce a succession certificate as required under Sec.214 of the Indian Succession Act, 1925 (for short, "the Act").

(3.) IT is seen from Ext.P5, order that in proof of Ext.A1, Will the 1st respondent has examined PW1 who is an attestor in the Will. The executing court has observed that Ext.A1, Will is proved by examining the witness (obviously PW1). The 1st respondent has given evidence as PW2. Thus the executing court found from the evidence of PW1 that Ext.A1, will is duly proved and that the decree schedule property is inherited by the 1st respondent by virtue of the said Will.