B HANUMANTHA RAW Vs. AKRISHNAMMA

JUDGEMENT

(1.) O.S No. 16 of T905 on the file of the District Court of Guntur a joint mortgage decree for Rs. 12,000 was passed in favour of two co-plaintiffs. The 2nd decree-holder (4 respondent) transferred his interest in the decree to respondents 1 and 3 who applied to the Court for recognition of the transfer which, in the absence of opposition, was ordered. An application for execution of a joint decree by a transferee of the interest of one decree-holder has to be made under Order 21, Rule 16 ( Section 232 of the Code of 1882), and the Court ordinarily imposes conditions for the protection of the interests of the judgment-debtors and the other decree- holders.

(2.) In this case before the transfer was effected there was a settlement alleged to have taken place out of Court by means of a sale of the equity of redemption to a brother of the 2nd decree-holder and a mortgage for Rs. 9,000 in favour of the 1 decree-holder.

(3.) The respondents were permitted to execute the decree as if there had been no adjustment, and the legal representatives of the 1 decree-holder, who are appellants in the appeals, before us, objected to execution but the District Judge overruled their objections, and they now appeal.