IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5113 of 2001 BETWEEN S.R. Aswarthanarayana and two others. ... PETITIONERS AND Gajula Kristaiah. ...RESPONDENT Counsel for the Petitioners : MR. O. MANOHAR REDDY Counsel for the Respondent: MR. A. PRABHAKAR SARMA The Court made the following: ORDER: Petitioners are legal representatives of the original plaintiff in O.S.No.33 of 1984. The original plaintiff obtained decree in the aforesaid suit but before he could put it to execution, he died. The legal representatives of the deceased – plaintiff, petitioners herein, have, therefore, filed the present application in E.P.No.72 of 1999 but the same was opposed by the respondent on the ground that no succession certificate is filed and thereby the petitioners have no locus standi to execute the decree passed in favour of the original plaintiff/decree holder. The aforesaid objection was upheld by the executing Court and EP was dismissed. Hence, this revision. 2. When this revision came up for consideration, the question as to the necessity of obtaining succession certificate for executing the decree by the legal heirs was referred to a Division Bench in view of seemingly conflicting views of learned single Judges of this Court. The Division Bench by order dated 26.10.2005 has held that in case of survivorship no succession certificate is necessary. Accordingly, the reference was answered. 3. Since the present claim of the petitioners before the executing Court is also under the succession by survivorship to the original plaintiff/decree holder, the impugned order is liable to be set aside. The civil revision petition is accordingly allowed. The executing Court shall now take up the execution petition and deal with it in accordance with law. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J June 8, 2011 DSK