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1999 Supreme(Mad) 2812

B.AKBAR BASHA KHADIRI
Mrs. Papathi Amma – Appellant
Versus
Natarajan and others – Respondent


Advocates:
K. Venkataraman, for Petitioner. P. Peppin Fernando, for Respondents.

Judgment :

This revision is against the orders of the Principal Sub Judge, Tenkasi, made in E.P.No.39 of 1996 in O.S.No.96 of 1966, dated 18. 1998.

2. This revision has arisen in this way:

The petitioner herein is the sixth respondent in the E.P.No.39 of 1996. The main suit is one for partition and possession of the properties. Preliminary decree was passed on 3. 1967 and final decree was passed on 23. 1969. The decree-holder instituted E.P. proceedings in E.P.No.81 of 1987 on the file of the Principal Sub Court, Tirunelveli, which was later transferred to the Principal Sub Court, Tenkasi and numbered as E.P.No.10 of 1988. The E.P. was filed for delivery of possession of the properties. The present petitioner and the seventh respondents therein objected to the execution and obstructed the delivery of possession. The petitioner in the E.P. proceedings filed E.A.Nos.35 of 1988 and 38 of 1988 as against the petitioner herein, namely, respondent No.5 and respondent No.7 in the E.P. proceedings respectively. The petitioner herein/respondent No.6 and the respondent No.7 in the E.P. proceedings filed an application under O.21, Rule 97 of the Code of Civil Procedure, in E.A.Nos.88 of 1989 a






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