V. MADHAVI Vs. JAMMULA CHANDRASEKHAR

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, challenge is made to the order dated 7.4.2014 passed by the learned Civil Judge (Senior Division), Berhampur in I.A No. 40 of 2013. By the said order, learned trial court rejected the application under Section 47 CPC filed by the J.Drs.

(2.) V. Rama Rao, husband of the plaintiff, instituted T.S No. 123 of 2000 in the court of the learned Civil Judge (Senior Division), Berhampur for declaration of title, in the alternative for a direction to the defendant No. 2 to execute the registered sale deed in his favour and damages impleading the opposite parties as defendants. The defendants filed a counter-claim. The suit was dismissed, but the counter-claim of defendant No. 1 was allowed. Assailing the judgment and decree, the widow of the plaintiff, petitioner herein, filed RFA No. 8 of 2012 and RFA No. 11 of 2013 before the learned District Judge, Berhampur. Both the appeals are sub judice. While the matter stood thus, defendant No. 1 levied execution case for eviction of the plaintiff, which is registered as E.P No. 14 of 2012. The J.Drs filed an application under Section 47 CPC to dismiss the execution case on the ground that during pendency of the suit, the original plaintiff died. His legal heir was substituted in the suit; but in the counter-claim no substitution was made and as such, the counter-claim abated. Learned trial court dismissed the application.

(3.) Heard Mr. S.S. Rao, learned counsel for the petitioner and Mr. Gautam Mishra, learned counsel for the opposite parties.