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2007 Supreme(Mad) 436

R.BANUMATHI
T. Govindarajan & Others – Appellant
Versus
T. Soundarajan – Respondent


Advocates:
For the Petitioners:V. Raghavachari, Advocate. For the Respondent:
R. Krishnaswamy, Senior Counsel for Guptha & Ravi, Advocate.

Judgment :-

This Revision Petition is directed against the Order made in E.P.No.27/2005 in O.S.No.20/2004, ordering attachment of Petition mentioned property.

.2. In brief background facts are as follows :-

.Petitioners and Respondent are brothers. Respondent filed partition suit in O.S.No.109/1993 before Sub Court, Nagapattinam, which ended in compromise. Pursuant to the compromise, parties have entered into a Vardamanam dated 012. 1996, as per which, Respondent is to be paid Rs.6,00,000/- in lieu of his share. Since the amount of Rs.6,00,000/- was not paid for executing the terms of Vardamanam, Respondent filed O.S.No.487/2000 before Sub Court, Thiruvarur, which was decreed on 211. 2004.

3. As against the Judgment and Decree in O.S.No.20/2004, Petitioners have filed A.S.No.294/2005 before the High Court. In the appeal, the High Court has granted interim stay on condition that Judgment-Debtors should deposit a sum of Rs.3,00,000/-to the credit of O.S.No.20/2004 on the file of District Judge, Nagapattinam on or before 13.06.2005. That conditional Order was not complied with. To execute the Decree, Respondent filed E.P.No.27/2005. In the Execution Petition, Execution Court – Distr





















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