..., on service of its notice, it came to light said factum of death of judgement debtor. 3.3. It appears that the legal heirs of the deceased - judgment-...? 6.2. Whether provisions of Order 22 Rule 4 (4) of the CPC would be applicable and or apply to execution proceedings filed at the instance of the judgment-creditor when judgement- ...judgement-debtor who died prior to passing of the decree. 21. Thus, in view of aforesaid, I do not find any merit in the present application, which is required to be...

... fact remains that the judgement has been passed on 15.12.2010. After the death of the judgement debtor, the revision petitioners have been i...proceedings has also also been filed. After the death of the judgment debtor, the revision petitioners have been impleaded as parties in the Execution Proceedings in E.P.No.184 of 2019. The present Civil...227 of Constitution of India to set aside the decree and judgement dated 15.12.2010 made in O.S.No.42 of 2010 on the file of the Principal District Judge, Krishnagiri. For petitioners...

...permitting the parties to adduce evidence proceeded to declare that the High Court wrongly proceeded to dispose of the Second Appeal after substituting the heirs upon the death of the judgement debtor and...jurisdiction provided for review.8. It appears that upon the death of the judgement debtor, the names of the heirs were not correctly spelt out except the widow, who was well aware ...Court proceeded with the Second Appeal and reversed the judgement and decree of the First Appellate Court thereby affirming the judgement and decree passed by the Trial Court.4. Since...

...Misc. Application today. Judgement debtor is present in person along with his Ld. Advocate. Copy of Misc. Application served upon the Judgement debtor. ...allowed. Judgement debtor is directed to file photo copy of death certificate of his father in EA/10/2021. Thus, Misc. Application is disposed of on consent but without cost... Miscellaneous Application No. MA/354/2023 ( Date of Filing : 23 Nov 2023 ) In Execution Application No. EA/10/2021...

...in E.A.No.61 of 2009 in E.P.No.28 of 2009, which was dismissed on 25.08.2010 since the judgement debtor died. Therefore, the respondent herein filed an application to set aside the order of abatement passe...passed as against the said H.A.Yusuf Sahib Maraikar. Before execution of the decree, the judgement debtor died. Therefore, the respondent filed a petition to implead the petitioner herein as legal heir...the judgement debtor. Again, the respondent filed execution petition in E.P.No.8 of 2014, in which, the respondent filed E.A.No.39 of 2014 to / implead the petitioner...

.../judgement debtor and the immovable property belonging to the judgement debtor was attached.(ii) It appears, the judgement debtor/Janakiammal died pending the E.P.and after her ...order. However the order would read that in view of the amount deposited by the LRs of the judgement debtor, attachment was raised and in such a case, there is no knowing of the fact as to what is...(Prayer: Civil revision petition preferred against the order dated 24.8.2011 passed by the Principal District Munsif, Coimbatore in E.A.No.29 of 2011 in E.P.No.161 of...

...the original defendant/judgement debtor and the immovable property belonging to the judgement debtor was attached. (ii) It appears, the judgement debtor/Janakiammal died pending t...of the judgement debtor, attachment was raised and in such a case, there is no knowing of the fact as to what is actually the grievance of the revision petitioners. 6. There is also...Animadverting upon the order dated 24.8.2011 passed by the Principal District Munsif, Coimbatore in E.A.No.29 of 2011 in E.P.No.161 of 1990, this civil revision petition is filed...

...judgement-debtor in ignorance of the fact of his death. The representatives in execution objected and the court held that the question was one which properly arose under section 244 of Act XIV ...judgement, of course, was passed in ignorance of his death. It is admitted that the suit was one in which the cause of action did not continue against the surviving defendants. It was necessary to...of April 1907, with the result that the suit was decreed, subject to the payment of the purchase money. It now transpires that at the date this judgement was given one of the respondents was dead. The...

.... 4. The judgement debtor/review applicant claiming that suit property 3 is absolutely belongs to MuthuManickam through...extent of 1356 square feet in RS No. 150 on which super structure bearing present No.57, Vadamalai Meistry Street, Konidthoppu, Chennai - 79. In the said suit, the review applicant herein/judgement debtor...could not executable. 3. The decree holder raised objection stating that the Temple is the absolute owner of the property. In fact, the judgement debtor/review applicant...

... Therefore, the decree holder raised objection before the executing Court. 4. The judgement debtor/review applicant claiming that suit property ..., after her death her legal heir and daughter-in-law/judgement debtor as absolute owner of the property. Besides, suppressing the above, decree holder approached the Court and obtained decree as such is...property. In fact, the judgement debtor/review applicant had earlier filed suit in O.S No. 6298 of 2013 for permanent injunction wherein she adtmits that she is tenant of the property. Subsequently, the...

...substitute the husband, daughter and two sons of Judgement Debtor No.10 Shyamali Santra on account of her death on 18.02.2017. The Appellant herein being Complainant lodged a...Conveyance in favour of him in respect of a shop room. The said complaint was allowed on contest on 12.09.2014 with certain directions including a direction upon the opposite parties/judgement debtors to...contention, a copy of Cremation/Burial Certificate issued by the Health Department of the Kolkata Municipal Corporation has been filed showing the death of J.Dr. No.10 on 18.02.2017 and the same has been...

...decision in the case of Shanti Devi v. Khandubala Dasi, was relied upon to state that after the death of the judgement debtor after the issue...proclamation of sale whether sale can be made without including the legal heirs of the judgement debtor.27. The court their held that the sale was not valid operative against the...legal heirs of the deceased judgement debtor if they have not been impleaded. In paragraph 48 and 51 the court held as follows:—48. At the outset, I would refer broadly to certain...

...after the judgement debtor has refused to deliver the possession of the suit property which was found to be vacant on 7.8.83 and not in occupation of anyone from this material document the conclusion is...irresistible that prima facie the plaintiff has been put in possession or come in possession after 7.8.83 and after the judgement debtor has refused to deliver the possession of the house which was...bequeathed the property in question in favour of Mool Chand son of Deva Raw, one of the judgement debtor and therefore he be impleaded as a legal representative of Gheesa Ram. Thus, apparently pro...

...that since 1952 after the death of Narain Singh, the estate of Narain Singh, the original judgement-debtor is under Court of Wards. It is submitted that the claim was not notified to the Court ...taken the view that the Collector was Incharge of the Court of Wards and though execution application was filed earlier, no such objection was taken, the judgement-debtor is barred by the principles...1. In this appeal, the principal questions raised by Mr. Dalip Singh, appearing for the appellant judgement-debtor are twofold as under:—1. that without obtaining a...

...the execution proceedings, as a result of death of so-called judgement debtor (Phool Chandra Umarvaish), had become inexecutable, there was no jurisdiction vested in the execution court to issue a...seek eviction of the judgement debtor through execution of the compromise decree. The alleged tenant seems to have failed to hand over vacant possession of the premises to the landlord as a result...meanwhile the judgement debtor viz. Phool Chand Umarvaish died and this information was tendered to the execution court on 19.1.2013 by the decree holders who prayed for further action in compliance of...

...false and fabricated grounds in collusion with judgement debtor of SCC Suit No. 18 of 2009. The appellant Sri Ram is the real brother of the judgement debtor Kamlesh Sahu...Ranjana Sahu is the real sister of Smt. Rakha Sahu wife of Kamlesh Sahu, judgement debtor. They are in collusion of each other and have got this application moved only to delay the delivery of...appellant was also a tenant of the portion of house in dispute. It has been specifically pleaded that the appellant is the real brother of judgement debtor and he has never been a tenant of any...

...the premises to him in 1990 and thereafter he had let out the premises to Judgement debtor. However, in his cross examination he made following statement which belies his own version:-“After the death ...taken possession from the objector Aas. Mohd through police Aid. The judgement debtor was Mohd. Yunus who is still residing in H. No. 6833, Quilla Kadam Sarif, Nabi Karim, Delhi alongwith his family...VALMIKI J. MEHTA, J. (ORAL)1. On the first call, an adjournment was sought in this matter. Adjournment was declined on account of the earlier order sheets of this case and...

...been obtained during the life-time of the judgement-debtor. In the present case only a decree nisi (as it was then called) had been obtained during the life-time of Musammat Rukmin. It was not until after her ...Richards, C.J and Muhammad Rafiq, J.:— The facts connected with this appeal are fully stated in the judgement of the learned Judge of this Court and it is unnecessary to repeat them. Mr.... Piari Lal Banerji, on behalf of the appellants, strongly relies upon the ruling in Malkarjun v. Narhari. In the present case the plaintiffs sued for possession. Their title depends upon an auction sale...

...India getting in all about Rs.600/- per month P. W. 3 the Village Karnom deposed in his chief-examination that the JUDGEMENT-debtor was in possession of Ac. 13-61 cents of land in S. No. 378. Ex.A-3 is the 10 (1) a...the arrest of Sankar. The Executing Court by its order dated 7th July, 1980 directed the arrest of the JUDGEMENT-debtor and his detention in a civil prison. It is against that order of the Executing...Court the present Revision Petition has been filed. 4. The Principal District Munsif, Kurnol, in support of his order of arrest found that the JUDGEMENT-debtor owns lands and has been...

...execution case. It is stated that the original judgement debtor Satya Narayan Mussaddi died on 8.6.91 and the judgement having been passed after his death i.e on 22.7.91 is patently an illegality which is unenforce...B. Panigrahi, J.:— The legal representatives of the original Judgement debtor Satya Narayan Mussaddi have filed this present revision. The facts leading to this revision are as follows...judgement debtor preferred an appeal in this court being Appeal No. 225 and 226 of 1987 which was also dismissed. Pursuant to the original decree passed by the Trial Court the opposite party levied...