MANNAVA SEETHAMMA Vs. CHENNAPATI ARUNA DEVI

JUDGEMENT

(1.) These two C.R.Ps. are directed against the orders made in E.P.No.58/97 in O.S.No.25/77 and E.P.No.59/97 in O.S.No.24/77 on the file of the Senior Civil Judge, Parchur. "

(2.) The facts in brief are that the revision petitioners, the Judgment-Debtors 3 and 4, had raised objection to the execution of the decrees passed for realisation of mesne profits on the ground that they are only the legal representatives of the deceased, the defendant Nos.1 and 2 in the suit and they have not succeeded to any estate of the deceased as such and hence, the respondents-decreeholders cannot proceed against their properties and at the best the amounts can be realised only out of the assets which were left by defendant Nos.1 and 2, if any. During the enquiry, R.Ws.l to 3 were examined and Exs.B-1 to B-3 were marked, but, the respondents-decree- holders had reported no evidence. On appreciation of oral and documentary evidence, the Court below came to the conclusion that inasmuch as the judgment- debtors 3 and 4 i.e., the revision petitioners also are parties to the decree, they are bound by the decree and the executing Court cannot go behind the decree and hence, the Court below was inclined to proceed with the execution further, without deciding this objection and had posted the matters for sale papers and E.Cs. Aggrieved by the said orders, the present revisions are filed.

(3.) Mr. G.Peddababu, the learned counsel representing the revision petitioners had submitted that the revision petitioners- judgment-debtors 3 and 4 in fact were impleaded in the suit as D-3 and D-4 as legal representatives of D-1 and D-2 and hence there is no personal decree, even in the suit or in the mesne profits enquiry and hence at the best, if there can be any realisation of the amounts, the respondents- decreeholders are entitled to proceed as against the assets, if any, left by the first and second defendants in the hands of the revision petitioners by virtue of Section 52 of the Code of Civil Procedure. The learned counsel also had drawn my attention to the decrees made in both the suits and also the orders passed in enquiry relating to mesne profits in both the suits.