MITTA SANKARANNA Vs. B BOMMAYYA
LAWS(APH)-2008-11-17
HIGH COURT OF ANDHRA PRADESH
Decided on November 18,2008

MITTA SANKARANNA Appellant
VERSUS
B BOMMAYYA Respondents




JUDGEMENT

- (1.)THIS Civil Revision Petition is directed against the Judgment dated 22-1-2008 in O. S. No. 319 of 2005 on the file of the Court of the Principal Senior Civil Judge, Anantapur, to the extent of the direction that a decree in terms of the Judgment shall be passed on furnishing a succession certificate by the petitioners herein.
(2.)THE facts, in brief, are as under: One Mitta Sankaranna filed O. S. No. 319 of 2005 for recovery of Rs. 2,95,971.00 allegedly due from the defendant/respondent herein on the basis of three promissory notes dated 8-2-1997, 11-12-1999 and 5-12-2002. The defendant did not choose to appear and he was set ex parte. During the pendency of the suit, the sole plaintiff Mitta Sankaranna died and the petitioners 2 to 4 herein being his legal representatives filed I. A. No. 468 of 2007 to come on record as plaintiffs 2 to 4 and the same was ordered by the Court below on 22-8-2007. Thereafter, the 2nd petitioner herein (2nd plaintiff) was examined as P. W. 1 and Exs. A-1 to A-11 documents were filed in support of the suit claim. On appreciation of the said evidence, the Court below held that the suit claim was proved. However, having regard to the fact that the original creditor, Mitta Sankaranna died, it was held that no decree can be passed in favour of the plaintiffs 2 to 4 unless a succession certificate is produced. Accordingly, while passing the judgment dated 22-1-2008 it was ordered that a decree shall be passed on furnishing the succession certificate.
Aggrieved by the said direction, this Civil Revision Petition has been filed.

(3.)I have heard the learned counsel for the petitioners.


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