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2004 Supreme(Mad) 811

V.KANAGARAJ
Dharmalingam – Appellant
Versus
Pavalkodi – Respondent


Advocates Appeared:For The Petitioner:P.Valliappan, Advocate, Sarvabhauman Associates. For The Respondent: No appearance

Judgment :-

The above Civil Revision Petition is directed against the fair and decretal order dated 7.8.2003 made in E.P.No.70 of 2002 in O.S.No.729 of 1994 by the Court of Subordinate Judge, Kallakurichi.

2. Tracing the history of the above Civil Revision Petition coming to be filed before this Court, what comes to be known is that the respondent herein filed the suit in O.S.No.739 of 1994 on the file of the Court of Subordinate Judge, Kallakurichi and the said suit was decreed on 28.4.1995 and thereafter the respondent/decree-holder has filed a petition for execution in E.P.No.70 of 2002; that in the execution petition an order of arrest was ordered on 7.8.2003, testifying the validity of the said order, petitioner has come forward to file the above Civil Revision Petition praying for the relief extracted supra.

3. Today, when the above Civil Revision Petition was taken up for consideration in the presence of the learned counsel for the petitioner, with no representation on behalf of the respondent, the learned counsel for the petitioner would submit that the petitioner is a man of no means; that sufficient materials have been placed before the lower Court to the effect that the p










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