BUDARAJU HANUMANTHA RAO Vs. ALLAMNENI KRISHNAMMA

JUDGEMENT

(1.) In Original Suit No. 16 of 1905 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 (4th respondent) transferred his interest in the decree to respondents Nos. 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 XXI, 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-holder.

(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 first decree-holder.

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