MAHADEV RATAREKAR Vs. SITA RAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 1/12/1984, passed by the learned Addl. Munsiff and Judicial Magistrate, 1st Class, Kekri, in civil execution case No. 79/1981.

(2.) Legal representatives of the deceased decree-holder Mahadev Ratarekar, has preferred this revision petition being aggrieved by the order dated 1-12-1984, passed by the learned Addl. M. J. M. Kekri, rejecting their application for execution on the ground that before filing the execution petition they have not obtained the succession certificate.

(3.) Suit was instituted by late Mahadev Ratarekar, against Surya Bahadur Malla, the judgment debtor. A decree was passed by the trial court. An appeal was preferred by the judgment debtor. Conditional stay order was granted on the condition that the appellant judgment debtor will furnish a solvent security to the satisfaction of the court, Sita Ram, executed the solvent security bond and mortgaged his properties specified in the schedule annexed with the security bond for the satisfaction of the decree which may be confirmed at a subsequent stage after dismissal of the appeal. Sita Ram, limited his liability of guaranteeing the payment of the decree to the extent of Rs. 25,000.00 Appeal was dismissed and the decree was maintained in favour of the decree-holder with the further modification that Sita Ram, who has executed the solvent security and mortgaged the properties while executing a security bond will be liable to make the payment to the extent of Rs. 25,000/- out of the decretal amount. After the death of the decree-holder, execution petition was preferred by the legal representatives namely sons of the deceased on 3/01/1975. On behalf of Sita Ram, objections were filed that the petitioners have not obtained the succession certificate as required under the provisions of S.214 of the Indian Succession Act, 1945, as such the execution petition is not maintainable. The objection petition filed by the judgment debtor namely Sita Ram, was accepted.