SHANTILAL KOTHARI Vs. SATHRASALA VENKATRAM

JUDGEMENT

(1.) Both these Original Side Appeals (OSAs) have been filed as against the common order dated 17.07.2018 passed by the learned Single Judge in A.Nos.1469 and 1470 of 2011 in E.P.No.511 of 2008 in C.S.No.770 of 1997, whereby the learned Single Judge had set aside the order dated 25.02.2011 passed by the learned Master in the application filed by the appellant herein in A.No.1213 of 2009 in E.P.No.511 of 2008 in C.S.No.770 of 1997, declaring that the decree dated 06.07.2006 passed by this Court in C.S.No.770 of 1997 is non-est in the eye of law and the same is inexecutable and the learned Single Judge had also set aside the consequential order dated 25.02.2011 passed by the learned Master dismissing E.P.No.511 of 2008 in C.S.No770 of 1997 filed under Section 47 of the Civil Procedure Code (CPC) by Shatrasala Sharat Babu, the respondent herein.

(2.) Brief facts which are necessary to decide the issue involved in these appeals are as follows:

(3.) Pending suit, the sole plaintiff Sathrasala Venkatram died on 21.01.1998. It had been stated that during his lifetime, the said Sathrasala Venkatram had executed a Will on 05.12.1997 appointing Sathrasala Sharath Babu, the respondent herein as executor of the Will and the said Will was probated by this Court in O.P.No.792 of 1998. By virtue of the Will, the said Sathrasala Sharath Babu impleaded himself in the suit filed by Sathrasala Venkatram.