PEDDA VENKATA SWAMY DIED Vs. LAND ACQUISITION OFFICER SRISAILAM PROJECT WANAPARTHY MAHABOOBNAGAR DISTRICT

JUDGEMENT

(1.) Heard both sides.

(2.) In this appeal, the challenge is made against the orders dated 18-12-2000 passed in EA No.5114 of 2000 in EP No.600 of 1998 in OP No.574 of 1985 on the file of the Senior Civil Judge, Gadwal wherein the Court below was insisting for filing a succession certificate as the original claimant died.

(3.) I have held in Chinna Pullaiah (died) by L.R. v. LAO, Srisailam Project, Mahaboobnagar, 2000 (6) ALD 91, that in case of death of the claimant during the proceedings and when their legal representatives were already brought on record, no succession certificate is necessary for execution of warrant or of the decree. In the said judgment another judgment of this Court in S. Satish Traders v. Anisetti Anjaneyulu, 2000 (4) ALD 310, was followed. In view of the principles laid down therein and taking into consideration that the petitioner claiming to be the only one legal heir being the wife of the deceased, original claimant, there should not be any such objection, much less insisting to file succession certificate. However, it shall be open for the petitioner herein to satisfy the Court below by her own evidence and also with other evidence that she is only legal heir and there are no other heirs.