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2001 DIGILAW 825 (AP)

Nalluri Saraswathi v. Nalluri Bhushaiah (died)

2001-08-03

B.S.A.SWAMY

body2001
B. S. A. SWAMY, J. ( 1 ) HEARD the Counsel for the Petitioner. ( 2 ) THIS Civil Revision Petition is filed against the orders of the executing Court dismissing the E. P. on the basis of a memo filed by the petitioner herein stating that she is the only legal representative of the deceased judgment-debtor and merger of interest took place, after hearing one Kalluri nagalakshmi and Kamepaalli Anjani Kumari who filed E. A. No. 422 of 191 and E. A. No. 523 of 1991 seeking stay of execution petition filed by the petitioner herein on the ground that they filed suits against the judgment-debtor for recovery of the monies due to them from the judgment-debtor. ( 3 ) THIS revision need not be kept pending and it can be disposed of at the S. R. stage itself. ( 4 ) THE petitioner before this Court is no other than the wife of the deceased bhushaiah and she filed a suit for maintenance in the year 1976. After the suit was decreed, she filed E. P. No. 132 of 1987 for recovery of Rs. 46,671/- by selling the property of the judgment-debtor which was under charge as per the earlier orders of the court. During the pendency of the E. P. , the two individuals referred above filed E. As. , seeking stay of the proceedings till the disposal of the suits filed by them for recovery of certain amounts due to them by the said Bhushaiah/judgment-debtor. But the Court did not pass any orders on their applications and the E. P. is being adjourned from time to time. In the mean time, the judgment-debtor himself died and the petitioner filed a memo stating that she is the only legal heir of the deceased judgment-debtor. In fact, no other person or persons approached the Court to get themselves impleaded in the Execution proceedings on the ground that they are the legal heirs of the deceased Bhushaiah. Basing on the memo filed by the petitioner the lower Court dismissed the E. P. as not maintainable. I feel the lower Court instead of dismissing the Execution Petition; it would have closed the E. P. stating that the interests of the party are merged taking the subsequent events into consideration. ( 5 ) ACCORDINGLY, the order of the lower court is modified to that extent. I feel the lower Court instead of dismissing the Execution Petition; it would have closed the E. P. stating that the interests of the party are merged taking the subsequent events into consideration. ( 5 ) ACCORDINGLY, the order of the lower court is modified to that extent. ( 6 ) WITH regard to the apprehension of the petitioner that these two individuals may come in her way in enjoying the properties left out by the judgment-debtor, i am sure that unless they implead the petitioner as party defendant to the proceedings and obtain a decree against her on the ground of pious obligation, the question of these individuals obstructing the petitioner from enjoying the properties of her late husband more so towards the arrears of maintenance payable to her under the orders of a competent civil Court does not arise. If any claims of the persons referred above are pending or any other persons come forward with claims stating that the deceased judgment-debtor owes money to them, the Courts concerned have to decide to what extent the claim of those individuals can be upheld in view of the attachment of the properties obtained by the petitioner during the pendency of the suit while adjudicating their claims. ( 7 ) THE Civil Revision Petition is accordingly disposed of.