KONKANALA SURYAPRAKASHA RAO Vs. KAMPA BHASKARA RAO

JUDGEMENT

(1.) Heard Sri P. Rajasekhar, learned counsel, assisted by Smt. Nimmagadda Revathi, learned counsel for the appellants and Sri K. V. Vijay Kumar, learned counsel for the plaintiff/respondents No.3 to 8.

(2.) The 1st respondent is the original plaintiff/decree holder. Respondents No.3 to 8 are his legal representatives brought on record on the death of the 1st respondent. The 2nd respondent is the defendant/judgment debtor. In spite of service, the 2nd respondent did not enter appearance in the appeal.

(3.) The appellants are the claim petitioners in E.A.No.42 of 2019 in E.P.No.111 of 2019 filed by the plaintiff/decree holder for execution of the decree passed in O.S.No.16 of 2016 on the file of the VIII Additional District Judge, Prakasam at Ongole (in short 'learned Court'). The appellants filed the claim petition under Order 21 Rule 97 of Code of Civil Procedure (in short 'CPC'). The same was rejected by Order and Decree dtd. 5/8/2024, against which the present appeal has been filed.