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2006 Supreme(Mad) 1459

S.RAJESWARAN
St. Marks Educational Trust by its Managing Trustee – Appellant
Versus
S. Ashok Kumar – Respondent


Advocates Appeared:For the Petitioner:N.S. Nandakumar, Advocate. For the Respondent:R. Subramanian, Advocate.

Judgment :-

(Revision Petition filed against the order dated 14.3.2006, passed in E.A. In unnumbered S.R.No.11423/2005 in E.P.No.108/2005, in O.S.No.175/1988 on the file of the District Munsif Court Alandur.)

The judgment-debtor in the E.P.No.108/2005 in O.S.No.175/1988, on the file of the learned District Munsif Court, Alandur, is the Revision Petitioner before this Court. The respondent herein filed O.S.No.175/1988 before the Sub-Court, Poonamallee for a declaration that the 'B' schedule property mentioned in the schedule is his absolute property and for directing the 1st defendant/Revision Petitioner to put the the decree holder/respondent in vacant possession of the suit property. By judgment and decree dated 31.10.1995, the trial court decreed the suit for title and dismissed the same for possession. The respondent/plaintiff herein alone filed an appeal in A.S.No.383/1996 before this Court and a Division Bench of this court by its elaborate judgment dated 29.3.2005 allowed the appeal and granted the decree for possession also. Against the judgment and decree dated 29.3.2005, the Revision Petitioner filed Special Leave Petition. But the same was also dismissed by the Hon'ble Sup















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