J KISTA REDDY Vs. MANDAL REVENUE OFFICER RANGAPUR

JUDGEMENT

(1.) This revision is directed against the order dated 18-08-2004 passed by the Court of Senior Civil Judge, Wanaparthy, in E.A. No, 85 of 2003, dismissing an application filed in E.P. No. 106 of 1997 in O.P. No. 38 of 1987.

(2.) The lands of the petitioners 1 and 2were acquired by the Government, under the Land Acquisition Act, for the purpose of Srisailam Project. Award was passed by the respondent. Not being satisfied with the same, they sought for reference, and it was taken up by the Court of Senior Civil Judge, Wanaparthy, as O.P. No. 38 of 1987. After the decree passed therein became final, they filed E.P. No. 106 of 1997, for recovery of the amount. The amount has since been deposited by the respondent. In the meanwhile, the 2nd petitioner died on 7-5-2003.

(3.) Petitioners 3 to 6 filed E.A. No. 29 of 2004, under Section 146 of C.P.C., to bring them on record as legal representatives of the 2nd petitioner. The E.A. was allowed on 21-04-2004. Thereafter, petitioners Nos. 1 and 3 to 6 filed E.A. No. 85 of 2003, for issuance of cheque, for the amount deposited to the credit of the E.P. The Executing Court dismissed the application on the ground that the petitioners 3 to 6 did not file the succession certificate, and in that view of the matter, their request is barred under Section 214 of the Indian Succession Act, (for short 'the Act').