NALLAMILLI VEERA NAGENDRA Vs. RAMISETTI VEERA RAGHAVA RAO

JUDGEMENT

(1.) Petitioner-defendant by taking advantage of difference in his name in usage and in official record, put up an objection in the execution proceedings in E.P.No.20 of 2008 which was filed for due execution of decree passed in O.S.No.23 of 2005 on the file of Junior Civil Judge, Prathpadu contending that his name is Nallamilli Veera Nagendram and that the decree was passed against Nallamilli Nageswara Rao, and therefore, it is not binding on him.

(2.) The lower Court by the impugned order, dated 29-11-2009 overruled the said objections and ordered the E.P. holding that the Amin served the copy of summons on the petitioner after being identified by the villagers only as Nallamilli Nageswara Rao, and that all the particulars of judgment debtor tallied with each other i.e. the documents filed by the said N. Veera Nagendra with that of particulars furnished by the decree holder in the E.P. i.e. father's name and other address particulars, and that except filing the said affidavit, the petitioner did-not come forward to prove that no decree was passed against him and in favour of decree holder at any point of time, and that he failed to disprove that Ex.A-1 was executed by him and that the signature appeared on it does not belong to him.

(3.) As rightly observed by the lower Court, the petitioner cannot take advantage of his two names and stall the execution proceedings. The impugned order does not suffer from any illegality warranting interference by this Court.