THE HONOURABLE SRI JUSTICE GHULAM MOHHAMED C.R.P.No.4725 of 2009 ORDER: This Civil Revision Petition is filed against the order dated 10.09.2009 passed in E.P.No.136 of 2007 in O.S.No.147 of 1978 by the learned I Additional Senior Civil Judge, Visakhapatnam. The respondents-decree holders filed O.S.No.147 of 1978 for recovery of possession and damages and the same was decreed on 07.10.1985. Aggrieved by the same, the petitioners- J.Dr.Nos.1 and 2 preferred an appeal being A.S.No.3601 of 1985. The appeal was dismissed on 08.11.2006. When the said decree has attained finality, the respondents-decree holders filed E.P.No.136 of 2007 under Order XXI Rule 35 CPC for delivery of the plaint schedule property. The said E.P. was allowed on 10.09.2009 and ordered to issue delivery warrant. Aggrieved by the same, the petitioners-judgment debtors filed the present civil revision petition. Learned counsel for the petitioners-J.Dr.Nos.3 to 8 contended that J.Dr.Nos.3 to 8 are class I legal heirs of J.Dr.No.1 and deceased J.Dr.No.2 is their brother. He contended that there is a distinction between the legal heirs and the legal representatives and therefore, mere impleadment of J.Dr Nos. 3 to 8 in the appeal does not warrant execution of decree against them. The suit in O.S.No.147 of 1978 was decreed on 07.10.1985 and that J.Dr.Nos.1 and 2 filed A.S.No.3601 of 1985. During the pendency of the appeal, J.Dr.No.1 died and J.Dr.No.2 being the son of J.Dr.No.1 continued the appeal. As per the material on record, after the death of J.Dr.No.2, J.Dr.Nos.3 to 8, who are the daughters of J.Dr.No.1, come on record as the legal heirs of J.Dr.No.2 vide orders dated 08.11.2006 in CMP No.22914 of 2003. The said appeal was decided by this Court in the presence of J.Dr. Nos. 3 to 8, who voluntarily come on record. The judgment and decree in A.S.No.3601 of 1985 has attained finality, since no second appeal has been preferred by J.Dr.Nos.3 to 8. As such, the respondents-decree holders have proceeded for execution of the decree by filing E.P.No.136 of 2007, wherein the executing Court has rightly issued the delivery warrant against J.Dr.Nos. 3 to 8, which needs no interference by this Court. Hence, the Civil Revision Petition is dismissed, confirming the order dated 10.09.2009 passed in E.P.No.136 of 2007 in O.S.No.147 of 1978 by the I Additional Senior Civil Judge, Visakhapatnam. However, the petitioners-judgment debtors are granted three months time to deliver the plaint schedule property, if the warrant issued in the execution petition is not yet executed. No costs. _____________________ GHULAM MOHAMMED, J Date:09.10.2008 sj