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2008 Supreme(Mad) 2530

S.TAMILVANAN
Kayalvizhi – Appellant
Versus
S. Parthasarathy & Another – Respondent


Advocates Appeared:
For the Petitioner:N. Manokaran, Advocate. For the Respondents:R. Sundar Rajan, R1, D. Seetharaman, Advocates.

Judgment :-

This Civil Revision Petition has been preferred against the Fair and Decreetal Order, dated 20.01.2007 made in E.A.No.322 of 2006 in E.P.No.67 of 2004 in O.S.No.664 of 1999 on the file of the Sub-Court, Tiruppur.

2. The first respondent/decree-holder filed the Execution Petition, seeking the relief under Order 21 Rule 35 of the Code of Civil Procedure and the Execution Application under Order 21 Rule 97 of the Code of Civil Procedure for removal of obstruction made by the revision petitioner, the second respondent therein and to put the first respondent in the possession of the property. It is an admitted fact that no counter was filed by the petitioner herein and the other respondent/judgment-debtor and there was no representation for the said respondents before the Executing Court. Hence, the petitioner herein and the other respondent were set exparte and the petition filed by the first respondent/decree-holder herein was allowed by order, dated 20.01.2007 passed by the court below. Aggrieved by which, this revision has been preferred by the petitioner herein.

3. Mr.N.Manokaran, learned counsel appearing for the revision petitioner submitted that the petition filed un



























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