E.P.No.62/2007 filed by the decree holder (since deceased) was closed by the following order:- “Legal heirs certificate not produced even after the lapse of an year. Hence EP Closed with liberty to file fresh EP.”
The above order can only be said to be a closure of the execution petition for statistical purpose. The court below was perfectly justified in treating E.P.No.123/2011 as a continuation of E.P.No.62/2007. The legal heirs of the decree holder have produced the Legal Heir Certificate along with E.A.No.47/2014 in E.P.No.123/2011.
2. Every endeavour shall be made to enable the decree holder to realise the fruits of the decree. Full satisfaction had not been recorded in the earlier execution petitions and E.P.No.123/2011 can only be treated as a continuation of the earlier proceedings. The extent of discharge claimed by the petitioner can as well be gone into by the court below in the execution petition.
I do not find any error of jurisdiction in the O.P (C) No.1359 of 2014 2 order impugned warranting interference. The Original Petition is dismissed.
nj.
Sd/- V.CHITAMBARESH, Judge.