A SHANMUGANATHAN Vs. K ARUNACHALATHAMMAL

JUDGEMENT

(1.) The petitioner has obtained a decree in O.S.No.201 of 1999, for recovery of money, against the estate of the deceased Kottiappan to whom the respondents are the legal representatives. The petitioner put the decree obtained by him in execution by filing E.P.No.18 of 2004, under Order 21 Rules 54 and 66 C.P.C. The said execution petition was resisted by the respondents by contending that the property described in the execution petition had not been obtained by them as the legal representatives of the deceased Kottiappan and on the other hand, it is stated that the said property belonged to the first respondent in her individual capacity and thereon the respondents had put up a house construction and inasmuch as the petitioner has not obtained any personal decree against the respondents, he is not entitled to put the decree in execution as against the property owned by the respondents as such and further, according to the respondents, they had sold the said property to one Anaiappan, on 27.04.2004 and therefore, it is stated that the execution proceedings are liable to be dismissed.

(2.) In support of the petitioner's case, P.W.1 has been examined and Exs.P1 and P2 have been marked and on the side of the respondents, R.Ws.1 to 3 have been examined and Exs.R1 to R8 have been marked.

(3.) On a consideration of the rival contentions put forth by the respective parties and the materials placed, the Court below was pleased to dismiss the execution petition. Impugning the same, the present civil revision petition has been preferred.