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2005 Supreme(Mad) 1450

R.BANUMATHI
G. Chandrasekaran – Appellant
Versus
Palaniappa Company & Others – Respondent


Advocates Appeared:For the Petitioner:S.V.Jayaraman Senior Counsel for Maninarayanan, Advocate. For the Respondents:R6 S. Kathirvel, Advocate R1 to R5 and R7 No appearance.

Judgment :-

(Civil Revision Petition filed under Section 115 C.P.C against the order dated 07.08.2003 passed by the learned Principal Subordinate Judge, Thanjavur in E.A.No.98 of 2000 in E.P.No.34 of 1988 in O.S.No.90 of 1977, as stated therein.)

Auction Purchaser is the Revision Petitioner. Aggrieved against the order of Dismissal of the Application in E.A.No.98 of 2000 in E.P.No.34 of 1988 in O.S.No.90 of 1977 dated 07.08.2003 of the learned Principal Subordinate Judge, Thanjavur, the Auction Purchaser has preferred this Civil Revision Petition.

2. The Simple Mortgage Decree has assumed manifold dimensions resulting in war of litigations between the Parties. The litigation is now centred around the land in 31220 sq. ft., in the area said to be of Commercial and Residential importance in Tanjore. The disputed property – 31220 sq. ft. (about 13 grounds) comprised in T.S.No.3074/1A, 1B, 1C bearing Door No.12-A, Selvam Nagar, Tanjore Town. The said Property belonged to one Pakkirisami Pillai. Respondents 2 to 7 are related as under: -

Pakkirisamy Pillai (died on 02.04.81)

= Gomathi Ammal (R-2)

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