ATKURU SATHYANARAYANA Vs. MULLAPUDI MANGAMMA

JUDGEMENT

(1.) Appellant No. 1 filed O.S. No. 34 of 1996 against Respondent No. 3 in the Court of the Senior Civil Judge, Tadepalligudem for recovery of certain amount. The suit was decreed. After the decree became final, Appellant No. 1 filed E.P. No. 57 of 1996 for execution thereof. An item of immovable property was attached.

(2.) Respondent No. 3 died and is represented by his legal representatives, Respondent Nos. 1 and 2.

(3.) Respondent Nos. 1 and 2, the wife and foster son respectively of Respondent No. 3, filed E.A. No. 427 of 1997 under Rule 58 of Order 21 Code of Civil Procedure. They pleaded that the attached item of property was settled in their favour by Respondent No. 3, through a registered settlement deed, dated 15.03.1962. It was pleaded that though Respondent No. 3 retained life estate in him, the title to the property passed on to them and it is not at all available for being proceeded against in execution of the decree. The executing Court allowed the E.A., through its order, dated 19.06.2000. Hence, this appeal.