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2006 Supreme(SC) 291

ALTAMAS KABIR, B.P.SINGH
S. Rajeswari – Appellant
Versus
S. N. Kulasekaran – Respondent


JUDGMENT

B.P. Singh, J.—This appeal by special leave is directed against the common judgment band order of the High Court of Judicature at Madras dated August 10, 2000 in Civil Revision Petition nos. 138-143- of 2000. The appellant before us is one of the persons who obstructed the execution of decree obtained by respondent no.1 herein. In view of the obstruction by the appellant herein, respondent no. 1 filed an application before the executing court under Section 151 of the Code of Civil Procedure praying for certain reliefs. The executing court rejected the said application holding it to be not maintainable. The order of the executing Court dated 22.11.1999 was challenged before the High Court in a revision petition filed under Section 115 of the Code of Civil Procedure. The said revision petition was allowed by the High Court by its impugned judgment and order.

2. We may notice only the facts necessary for the disposal of this appeal. One Mr. Nagoor was the original owner of land measuring 19.57 acres in plot Nos. 54 and 55 bearing survey No.131/2A and 1A2 in Villivakkam Village Chennai. The respondent no. 1 herein purchased land measuring 6 cents from one Mr. Robert who in tur















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