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2008 Supreme(SC) 534

ARIJIT PASAYAT, P.SATHASIVAM
Kanagavalliammal – Appellant
Versus
R. Balasubramanian – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Madras High Court dismissing the Revision Petition filed by the appellants under Section 115 of the Code of Civil Procedure, 1908 (in short the CPC). Challenge in the Revision Petition was to the order of learned Additional Sub Judge, Pondicherry dated 7.7.2003 in Execution Petition No. 177 of 1995 in OS No. 40 of 1981 ordering attachment of Execution Petition schedule mentioned properties. Appellants, who were the petitioners before the High Court, are the judgment debtors.

3.Background facts in a nutshell are as follows :

Decree was passed on 22.4.1983 in OS No. 40 of 1981. EP No. 19 of 1984 was filed which was dismissed as not pressed on 16.4.1984. E.P.No. 101 of 1984 was closed on 10.8.1984. E.P. No. 369 of 1986 was filed on 24.10.1986 but the same was dismissed for default on 28.3.1994. E.A. No. 238 of 1994 was filed on 29.4.1994 to restore the E.P. The said E.A. was dismissed as not pressed on 31.10.1994. Subsequently, EP No. 177 of 1995 was filed on 10.11.1995. Appellants took the stand that the Execution Petition is barred by limitation. The respo

























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