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1990 Supreme(Mad) 497

SRINIVASAN
Arjuna Gounder – Appellant
Versus
Govindaraju Reddiar – Respondent


ORDER

Srinivasan, J.

1. This civil revision petition is directed against the dismissal of an application under Section 47, C.P.C. filed by the petitioner herein for a declaration that the proceedings in E.P. No. 271 of 1987 are invalid and for dismissal of E.P. No. 271 of 1987.

2. The short facts which are relevant for the purpose of this revision petition are as follows:

The respondent obtained a decree for declaration of his title and for an injunction restraining the petitioner from interfering with his possession. The decree was passed on 20.6.1986. The respondent filed E.P. No. 271 of 1987 under Order 21, Rule 10, C.P.C. for execution. In the relief column, he prayed for an order under Order 21, Rule 32, C.P.C. for arrest of the petitioner herein for having disobeyed the decree and also for attachment of the properties of the petitioner and sale of the same. It is stated in the execution petition that the respondent had incurred a loss of Rs.20,000 on account of the petitioner's disobedience of the decree. No doubt, the portion relating to the claim of Rs. 20,000 was inserted in the execution petition, but there is nothing on record to show that it was done after the execution pet















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