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2011 Supreme(Mad) 165

S.PALANIVELU
V. Krishnamoorthy – Appellant
Versus
Balakrishnan – Respondent


Appearing Advocates:
For the Petitioner:K. Kalyanasundaram, Advocate.
For the Respondent:R1 - S. Dhanasekaran, Advocate, R2 - No appearance.

Judgment :-

1. This Civil Revision Petition is filed against the plaintiff in O.S.No.248 of 2009 before the Vacation Civil Judge (DMC), Coimbatore.

2. The petitioner had filed O.S.No.273 of 2000 on the file of the Principal District Munsif Court, Coimbatore against his brother, the 2nd respondent herein for delivery of possession of the suit properties. In the said suit, Schedule 'D' is the property in dispute in the present proceedings. He got an ex parte decree in the said case on 31.07.200. He levied execution proceedings in E.P.No.133 of 2002 on the file of the above said Court for delivery. In the execution proceedings also, the 2nd respondent did not appear and delivery was ordered by the Court. When the Court Amin came to deliver the property in favour of this petitioner, the 2nd respondent obstructed and thereafter he came with a suit before the Vacation Civil Court, Coimbatore impleading this petitioner and 2nd respondent in a suit which was subsequently transferred to the Trial Court in O.S.No.248 of 2009 for permanent injunction. After filing of the suit, the petitioner has preferred this revision before this Court under Article 227 of the Constitution praying this Court

































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