VARANASI KRISHNA MURTHY Vs. DASYAM SHANMUKHA RAO

JUDGEMENT

(1.) THE sole appellant died and his legal representatives are brought on record.

(2.) THE appellant filed O. S. No. 257 of 1973 in the Court of District Munsif, amadalavalasa, against one Sri krishnamacharyulu, for recovery of certain amount. The suit was decreed. After the decree became final, he filed E. P. No. 9 of 1987 and brought an item of immovable property, admeasuring Ac. 0. 14 cents in survey No. 105/a, to sale. The judgment debtor died. His legal representatives i. e. , his wife, by name Venkata Ratnam, who is since dead, his son Raghavacharyulu, second respondent and the son of the deceased son, by name Shanmukha Rao, 1st respondent were brought on record.

(3.) THE legal representatives of krishnamacharyulu filed O. S. No. 19 of 1990 in the Court of District Munsif, amudalavalasa, for a declaration that they are the owners of the property, which was sought to be brought under sale, for execution of the decree in O. S. No. 257 of 1973 and made a reference to the relevant proceedings. It was pleaded that the suit schedule property had accrued to Venkata ratnam, the 3rd plaintiff and her mother, by name Ramanujamma under the document, dated 9. 8. 1958, and that the same could not have been proceeded against, for execution of a decree against Krishnamacharyulu.