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1999 Supreme(Mad) 520

K.SAMPATH
Sree Sankara Rameshwarar Devasthanam through its Executive Officer, Tuticorin – Appellant
Versus
Pitchaiammal and five others – Respondent


Advocates:
Mr.P. Srinivas for Mrs.P. Bagyalakshmi Advocate for Petitioner. Mr.V. Raghavachari, Amicus Curiae Advocate for Respondents.

Judgment :-

1. The civil revision petition has been filed against the order of the Executing Court, viz, the Principal District Munsif Court, Tirunelveli, dismissing the application of the revision petitioner in E.A. No. 349 of 1996 in E.P. No. 254 of 1994 in O.S. No. 1263 of 1981 on his file for amendment of the description of the property to be proceeded against in execution of the decree in the suit.

2. Notice of motion was ordered in the Civil revision petition on 12. 1998. Though the respondents were served, they have not chosen to appear through counsel and contest the case. Mr.V. Raghavachari was appointed as amicus curiae to assist the court in the matter. The learned counsel also appeared and rendered valuable assistance by citing several authorities in support and against.

3. The revision petitioner filed suit O.S. No. 1263 of 1981 before the principal District Munsif Court, Tirunelveli, for recovery of Rs. 1939. 84 with 6% interest as arrears of lease amount due to it from the respondents. The suit was decreed for Rs. 3719.82 with interest on 27. 1982. The revision petitioner filed E.P. No. 254 of 1994. The Executing Court on 23. 1996 ordered attachment of the proper





































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