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1996 Supreme(Mad) 732

S.S.SUBRAMANI
Diamond Sea Foods Exports, Tuticorin – Appellant
Versus
A. M. Nicholas – Respondent


Advocates:
Mr.R. Asokan, Advocate for Petitioner Mr.P.Peppin Fernando, Advocate for Respondent

Judgment :

1. Decree-holder in O.S.No.77 of 1983, on the file of Subordinate Judge, Tuticorin, is the revision petitioner.

2. Petitioner herein obtained a decree in the above suit on 27. 1989. In the suit filed by the petitioner, it wanted relief in respect of various items. Item No.1 related to the ownership of Ambassador Car bearing Registration No.TN.T.9744. In respect of that car, the petitioner herein was declared as the owner, and the respondent herein was directed to surrender possession of the same. Against that portion of the decree which went against the petitioner, the matter is pending in appeal before this Court. Challenging the ownership of the vehicle as declared by the Trial Court, respondent has not filed any appeal.

3. Respondent herein filed another suit as O.S. No.106 of 1987, on the basis of an alleged agreement dated 38. 1982. That suit was one for recovery of a sum of nearly Rs.2,25,000. A decree was granted to the respondent herein on 2. 1991. Against that decree, petitioner herein has filed an appeal before this Court, and the same is pending.

4. Petitioner herein thereafter filed E.P.No.46 of 1991, for recovery of the motor vehicle, for which a declara














































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