AIR 2020 SUPREME COURT 740 ::AIR 2020 SC (Civil) 1267

Supreme Court Of India

(From: Madras)

Hon'ble Judge(s): L. Nageswara Rao, Hemant Gupta , JJ

(A) Civil P.C. (5 of 1908) , O.22 R.5, S.47— Execution proceedings - Death of decree holder - Legal Representative - Determination - Conflicting claims of Legal Representatives can be decided in execution proceedings. (Para 8) (B) Civil P.C. (5 of 1908) , S.100, S.115, O.22 R.12, O.22 R.5— Second appeal - Suit for partition - Death of decree holder - Appellant claiming to be legal representative on basis of Will executed by decree holder - Absence of rival claimant - Executing Court found appellant competent to execute decree - Mere fact that the High Court had a different view on the same facts would not confer jurisdiction to interfere with an order passed by the Executing Court - Setting aside order of Executing Court by High Court in exercise of revisional jurisdiction, unjustified. (Para 14 15)