CIVIL APPEAL 3220 of 2012 on 5 August 1996

A.No. 3220 of 2012in E.P.No.59 of 2005 in C.S.No.322 of 1988

K.RAVICHANDRABAABU, J

This appeal is filed challenging the order of the learned Master passed in Application No.5930 of 2010 in E.P.No.59 of 2005 in C.S.No.322 of 1988.

2. The decree holder has filed the above application in A.No.5930 of 2010 for bringing the legal heirs, who succeeded to the estate of the deceased judgment debtor on record in the above E.P.No.59 of 2005. It is the case of the decree holder that in C.S.No.322 of 1988 he obtained a decree on 5.8.1996 for recovery of a sum of Rs.5,36,717.14 and consequently, E.P.No.59 of 2005 was filed for executing the decree passed in the said suit. It is the further case of the decree holder that during the pendency of the Execution Petition, the judgment debtor died on 6.2.2009 leaving his two sons as legal heirs. Therefore, the above application was filed for bringing the legal heirs of the deceased judgment debtor on record. The application was opposed by the other side and the learned Master after hearing both sides allowed the application by bringing the legal heirs of the deceased judgment debtor as party respondents in the above Execution Petition. Challenging the said order, the present appeal is filed before this Court.

3. It is not in dispute that the present applicant, who has been brought on record along with the other legal heir, is the son of the deceased judgment debtor. It is also not in dispute that the Execution Petition was filed against the judgment debtor and the judgment debtor died during the pendency of the E.P. proceedings. Therefore, an application was filed to bring the legal heirs of the judgment debtor on record , which the learned Master as rightly allowed.

4. I do not find any valid ground or reason to interfere with the order of the learned Master except saying that this application is filed to drag on the proceedings before the Executing Court. Accordingly, this application is dismissed.

29.07.2015

Tr/

3

K.RAVICHANDRABAABU, JTr

A.No. 3220 of 2012in C.S.No.322 of 1988

29.07.2015