Case Note & Summary
The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed by the Senior Civil Judge and JMFC at Indi in Ex.Petition No.11/2016. The original decree holder had filed a suit for specific performance of contract (O.S. No.54/2009) which was decreed on 26.11.2013 and confirmed in RA No.03/2014 on 19.12.2015. He filed execution petition E.P. No.11/2016 on 18.01.2016 but died on 16.07.2016. The petitioners, being his legal representatives, filed I.A.No.1 to come on record and continue the execution proceedings. The Executing Court dismissed the application on the ground that the petitioners had not produced a succession certificate. The High Court considered the short question whether legal heirs of a deceased decree holder require a succession certificate to continue execution proceedings initiated by the deceased. The Court noted that under Order 22 Rule 12 CPC, the right to execute a decree survives to the legal representatives of the decree holder. Further, Section 214 of the Indian Succession Act, 1925, which requires a succession certificate for recovery of debts, does not apply to execution of decrees. The Court held that the Executing Court erred in insisting on a succession certificate, as the execution petition was already filed by the deceased decree holder and the legal heirs merely sought to continue it. The impugned order was quashed and the Executing Court was directed to permit the petitioners to continue the execution proceedings.
Headnote
A) Civil Procedure - Execution Proceedings - Succession Certificate - Order 22 Rule 12 CPC, Section 214 Indian Succession Act, 1925 - Legal heirs of deceased decree holder sought to continue execution petition for specific performance of contract - Executing Court dismissed application for non-production of succession certificate - High Court held that succession certificate is not required for continuing execution proceedings already initiated by deceased decree holder, as the right to execute decree survives to legal representatives under Order 22 Rule 12 CPC and Section 214 of Succession Act does not apply to execution of decrees - Impugned order quashed (Paras 1-6).
Issue of Consideration
Whether the legal heirs of deceased decree holder are required to produce succession certificate to continue the execution proceedings initiated by the deceased decree holder?
Final Decision
The writ petition is allowed. The impugned order dated 23.08.2018 passed by the Senior Civil Judge and JMFC at Indi in Ex.Petition No.11/2016 is quashed. The Executing Court is directed to permit the petitioners to continue the execution proceedings.
Law Points
- Succession certificate not required for legal heirs to continue execution proceedings initiated by deceased decree holder
- Order 22 Rule 12 CPC
- Section 214 Succession Act
- 1925
Case Details
2019 LawText (KAR) (10) 3
W.P.No. 204059/2018 (GM-CPC)
Justice John Michael Cunha
Sri Ameet Kumar Deshpande (for petitioners), Sri Huleppa Heroor (for respondent/caveator)
Mallikarjun S/o Gurulingappa Koujalgi (since deceased) rep. by his LRs: Shaila, Drakshayani, Anand, Ashwini, Madhu
Vijayalaxmi @ Jayashri W/o Late Basavaraj Patil
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging order of Executing Court dismissing application for impleadment of legal heirs without succession certificate.
Remedy Sought
Petitioners (legal heirs of deceased decree holder) sought quashing of order dated 23.08.2018 on I.A.No.1 in Ex.Petition No.11/2016 and direction to permit them to continue execution proceedings.
Filing Reason
Executing Court dismissed I.A.No.1 filed by legal heirs to come on record and continue execution proceedings on the ground that they had not produced succession certificate.
Previous Decisions
Original suit O.S. No.54/2009 decreed on 26.11.2013; confirmed in RA No.03/2014 on 19.12.2015; execution petition E.P. No.11/2016 filed on 18.01.2016; decree holder died on 16.07.2016.
Issues
Whether legal heirs of deceased decree holder require succession certificate to continue execution proceedings initiated by the deceased decree holder?
Submissions/Arguments
Petitioners argued that under Order 22 Rule 12 CPC, the right to execute a decree survives to legal representatives and Section 214 of Indian Succession Act does not apply to execution of decrees.
Respondent opposed the petition, but specific arguments not detailed in judgment.
Ratio Decidendi
Legal heirs of a deceased decree holder are not required to produce a succession certificate to continue execution proceedings already initiated by the deceased decree holder, as the right to execute a decree survives to legal representatives under Order 22 Rule 12 CPC and Section 214 of the Indian Succession Act, 1925 does not apply to execution of decrees.
Judgment Excerpts
Whether the legal heirs of deceased decree holder are required to produce succession certificate to continue the execution proceedings initiated by the deceased decree holder?
The right to execute a decree survives to the legal representatives of the decree holder under Order 22 Rule 12 CPC.
Section 214 of the Indian Succession Act, 1925 does not apply to execution of decrees.
Procedural History
Original suit O.S. No.54/2009 filed by Mallikarjun Koujalgi for specific performance decreed on 26.11.2013; confirmed in RA No.03/2014 on 19.12.2015; execution petition E.P. No.11/2016 filed on 18.01.2016; decree holder died on 16.07.2016; legal heirs filed I.A.No.1 to come on record; Executing Court dismissed I.A. on 23.08.2018 for non-production of succession certificate; present writ petition filed under Articles 226 and 227 of Constitution of India.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 22 Rule 12
- Indian Succession Act, 1925: Section 214
- Constitution of India: Articles 226, 227
