In execution proceedings for attachment and sale of property, the decree holder must establish that the judgment debtor owned the properties and that the subsequent respondents succeeded to them. Failure to provide evidence regarding ownership and succession justifies dismissal of the application under Section 115 CPC.
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THE HONOURABLE SRI JUSTICE N.V. RAMANA
CIVIL REVISION PETITION No. 4744 of 2011
ORDER:
This civil revision petition is directed against the order dated 16.08.2011, passed by the Senior Civil Judge, Piler, Chittoor District, dismissing the petition in O.E.P. No. 28 of 2008 in O.S. No. 2 of 1998, filed by the petitioner-decree holder praying for attachment and sale of immovable properties, belonging to respondent No.1-judgment debtor, and said to be in the hands of respondent Nos. 2 to 9, for realization of the decretal amount.
Heard the learned counsel for the petitioner-decree holder and perused the order under revision.
The petitioner is the decree holder, while respondent No.1 is the judgment debtor and respondent Nos. 2 to 9 are his legal representatives. As can be seen from the order under revision, the application filed by the petitioner earlier for arrest of respondent No.1 was dismissed as respondent No.1 died. Thereafter, he brought respondent Nos. 2 to 9 on record. Even though the petitioner filed the present application for attachment and sale of the properties, allegedly belonging to respondent No.1, the fact remains, the petitioner has not adduced any evidence to show that respondent No.1 is the owner of the properties which he sought for attachment and sale, and has title thereto, and that after the death of respondent No.1, respondent Nos. 2 to 9 succeeded to those properties. In the absence of the petitioner proving that respondent No.1 is the owner of the properties which he sought for attachment and sale, and that after his death respondent
Nos. 2 to 9 succeeded to the same, the Court below by the order under revision dismissed the present application, and no interference is warranted therewith by this Court in exercise of its revisional jurisdiction under Section 115 of the Code of Civil Procedure.
The civil revision petition is devoid of merit and the same is accordingly dismissed. No costs.
__________________ JUSTICE N.V. RAMANA
16th December, 2011 IBL
2 issues framed by the court
Whether interference is warranted against the dismissal of the application for attachment and sale of properties due to lack of evidence proving ownership and succession.
Whether the decree holder failed to prove that the judgment debtor owned the properties and that the respondents succeeded to them after his death.
1 provisions across 1 enactments
Petitioner-decree holder
Respondent No.1-judgment debtor
Respondent Nos. 2 to 9
N.V. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
