S SATISH TRADERS Vs. A ANJANEYULU

JUDGEMENT

(1.) Aggrieved by the directions given by the Additional Munsif Magistrate, Parchur, while decreeing a Small Cause Suit No.9/92, directing the petitioner to obtain a succession certificate for execution of the decree, this Revision Petition was filed by the petitioners.

(2.) This Court by order dated 16-2-2000 ordered notice before admission in the C.R.P. and the Counsel for the petitioner was permitted to take out notice by Registered Post with Acknowledgment due. The Counsel for the petitioner filed proof of service of the notice vide USR No.1527/2000 dated 12-4-2000 in the Court. Thereafter the matter underwent two adjournments to find out whether any Counsel entered appearance for respondents in the matter or not. By endorsement dated 12-6-2000, the Registry reported that no Counsel entered appearance for the respondents. Hence, the respondents are set ex parte.

(3.) Coming to the merits of the case, it is not in dispute that one Mr. Kolla Venkatarayudu, son of second petitioner, husband of third petitioner and father of fourth to seventh petitioners, filed a small cause suit for recovery of the monies on the basis of the kaatha account. During the pendency of the suit Kolla Venkatarayudu died on 24-2-1998 and all the petitioners got themselves impleaded as Legal Representatives of him. Thereafter the Court below has taken up the trial and decreed the suit. But, unfortunately, at the end of the judgment, it observed that the petitioners have to obtain succession certificate from the competent authority to get the decree executed. When the suit was tried in the presence of the Legal Representatives of late Sri Kolla Venkatarayudu and in the presence of the defendant, who owes monies to Kolla Venkatarayudu and no other person has set up any adverse interests to that of the petitioners herein for the suit claim, the Court has no option except to treat them as Legal Representatives of said Venkatarayudu. When the Court recognizes them as Legal Representatives of Late Sri Kolla Venkatarayudu, the question of obtaining any succession certificate, as directed by it, does not arise. The directions of the Court below to the extent of directing the petitioners to obtain succession certificate are set aside and the rest of the judgment stands good. It is open to the petitioners to execute the decree now.