DAGUMATI VENKA REDDY Vs. M.NAGAMANI

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure (for short "CPC") is filed aggrieved against the Judgment and decree, dtd. 20/11/2023 in A.S.No.26 of 2018 on the file of learned IV Additional District Judge, Nellore, reversing the order and decretal order, dtd. 14/9/2017 in E.A.No.18 of 2009 in E.P.No.225 of 2008 in O.S.No.57 of 2004 on the file of learned Principal Senior Civil Judge, Nellore.

(2.) The 1st appellant herein is the claimant, who died during pendency of first appeal, appellants 2 to 4 herein are the legal representatives of the 1st appellant, 1st respondent herein is the decree holder and 2nd respondent herein is the judgment-debtor in E.A.No.18 of 2009 in E.P.No.225 of 2008 in O.S.No.57 of 2004.

(3.) The appellant / claimant instituted E.A.No.18 of 2009 in E.P.No.225 of 2008 in O.S.No.57 of 2004 on the file of learned Principal Senior Civil Judge, Nellore. The 1st respondent is the decree holder and 2nd respondent is the judgment-debtor in E.P.No.225 of 2008 in O.S.No.57 of 2004 on the file of learned Principal Senior Civil Judge, Nellore. E.A.No.18 of 2009 in E.P.No.225 of 2008 in O.S.No.57 of 2004 was filed by the claimant for seeking declaration relief that he is the owner of the schedule house property, as the decree is not maintainable against him and for costs of the application.