KATTA JANAMMA DIED Vs. N ANANTHA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 20-9-2002 passed in E.A. No.1 of 2002 in E.P.No.14 of 2001 on the file of the Senior Civil Judge, Miryalaguda, whereby the learned Senior Civil Judge dismissed the application of the petitioner on the ground that he has not placed on record the succession certificate.

(2.) One Katta Janamma obtained a money decree against the respondent in OS No.77 of 1994 on the file of the Senior Civil Judge, Miryalaguda. She filed execution petition for realization of the decretal amount. Pending E.P., she died. The petitioner herein filed E.A.No.2 of 2002 to bring him on record on the ground that Katta Janamma executed registered Will on 31-1-1994 bequeathing her entire properties to him. The respondent herein who is a judgment debtor filed counter disputing the Will. The leaned Senior Civil Judge without deciding the validity of the Will dismissed the application filed by the petitioner herein on the ground that he has not produced succession certificate. Feeling aggrieved by the impugned order, the petitioner has filed the present Civil Revision Petition.

(3.) The learned Counsel for the petitioner contends that no succession certificate is necessary for continuation of execution application by the legal representatives of the deceased decree holder. He placed reliance on the decisions of our High Court in Akula Mabukhan v. Rajamma, AIR 1963 AP 69, and Akula Rangappa v. Narayana Swamy, AIR 1988 AP 314. In Akula Mabukhan's case (supra) the Division Bench of our High Court held as follows: