IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL REVISION PETITION No.5705 of 2010 Between: Smt. N. Thirupathamma & 2 others .. Petitioners AND Bandari Srinivasulu & 5 others .. Respondents The Court made the following: HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL REVISION PETITION No.5705 of 2010 ORDER: Heard Sri M. Damodar Reddy, learned counsel for the revision petitioners and Sri G. Rajeshwar Rao, learned counsel for the first respondent/decree holder. 2. The civil revision petition is directed against the order, dated 06.09.2010, in E.P.No.19 of 2009 in O.S.No.91 of 2005, on the file of the I Additional Senior Civil Judge (Fast Track Court), Mahabubnagar, rejecting the objections of the judgment debtors 7 to 9 and ordering the next step while overruling the same. 3. The judgment debtors 7 to 9 objected to the request for execution of a registered sale deed in pursuance of the decree on the ground of the 4th judgment debtor dying in 2007 itself, much before the decree. The executing Court went into the question of the alleged death of the 4th judgment debtor on 28.08.2007 and opined that Ex.R-1, dated 20.04.2010, being the death certificate issued by the Secretary of the Gram Panchayat, Badepally Village, Jadcherla Mandal, Mahabubnagar, did not mention the date of death in the column meant for the same. The executing Court also noted that the decree holder filed Ex.P-2-Death Certificate of the 4th judgment debtor in which the date of death was mentioned as 16.04.2008, while the decree in question was passed on 19.03.2008. Hence, the executing Court disagreed with the judgment debtors 7 to 9. 4. The judgment debtors 7 to 9 contend in this revision that the decree sought to be executed is a nullity in view of the death of the 4th judgment debtor on 28.08.2007, much prior to the decree, dated 19.03.2008. The executing Court came to an erroneous conclusion on the question. 5. The first respondent/decree holder had chosen to file a counter affidavit herein contending that the death of N. Ashok Kumar, the husband of the first revision petitioner, on 16.04.2008, was registered with the Gram Panchayat on 27.12.2008 and a death certificate was issued on 30.12.2008 and again on 18.02.2009. The Village Secretary of Badepally, Jadcherla Mandal, Mahabubnagar, issued a notice to the first revision petitioner concerning correction of the mistake in the death certificate issued to her earlier. 6. The point for consideration is whether the order sought to be revised is unsustainable on facts. 7. The conclusion in the impugned order that Ex.R-1- Death Certificate, dated 20.04.2010, filed by the revision petitioners before the executing Court did not mention the date of death is not disputed as a matter of fact. The revision petitioners filed a copy of another certificate of death in Form-6, dated 03.09.2010, purportedly issued by the Tahsildar, Jadcherla Mandal, Mahabubnagar, in No.G/60/2010 mentioning the date of death of N. Ashok Kumar as 28.08.2007 and the date of registration as 29.09.2007 with Registration No.128. The said certificate is not part of the evidence before the executing Court and the original is not before this Court. While any authenticated copy of Ex.R-1 also could not be produced by the revision petitioners before this Court for perusal in spite of a reasonable opportunity, the findings of the executing Court are based on Ex.P-2-Death Certificate, dated 18.02.2009, issued by the Tahsildar, Jadcherla Mandal, Mahabubnagar, in the statutory format stating about the death of N. Ashok Kumar being on 16.04.2008. In the absence of any evidence to discredit Ex.P-2, the executing Court cannot be considered wrong in accepting the same and the decree holder filed a copy of the certificate of death issued by the Gram Panchayat, Badepally Village, Jadcherla Mandal, Mahabubnagar, on 30.12.2008, which is identical in its contents to Ex.P-2. The first respondent filed the copy of Ex.P-2 also here for perusal apart from the letter from the Secretary of the Village Secretariate, Badepally Village, Jadcherla Mandal, Mahabubnagar, issued to the first revision petitioner about the mistake committed in issuing the death certificate of her husband. The said letter further fortifies the correctness of the conclusions of the executing Court and, hence, the civil revision petition should fail. 8. Accordingly, the Civil Revision Petition is dismissed without costs. ______________________ G. BHAVANI PRASAD, J Date: 18th August, 2011 KL HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL REVISION PETITION No.5705 of 2010 Date: 18th August, 2011 KL