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2011 Supreme(Mad) 2558

S.TAMILVANAN
S. K. Rajendran – Appellant
Versus
K. Sakthivel – Respondent


Advocates Appeared:
For the Petitioner:Mr. N. Manokaran, Advocate.
For the Respondents:R2, Mr. B. Dyaneswaran, Advocate.

JUDGMENT :-

1. Heard both the learned counsel appearing for the petitioner and the second respondent. No appearance for the first respondent.

2. Challenging the fair order and decretal order, dated 23.03.2007 made in E.A.No.66 of 2007 in E.P.No.77 of 2004 in O.S.No.9 of 2001 on the file of the Subordinate Court, Dharamapuram, this Civil Revision has been preferred under Section 115 of the Code of Civil Procedure.

3. The petitioner herein is the third party to the suit and the decree was obtained by the second respondent herein. The suit in O.S.No.9 of 2001 was filed by the second respondent against the first respondent, that was decreed against the first respondent to pay a sum of Rs.1,12,000/- with subsequent interest and costs and that the decree reached finality. Pursuant to the decree, the second respondent herein filed E.P.R.No.77 of 2004 before the Court below. The Execution Application in E.A.No.66 of 2007 was filed by the petitioner / third party on the ground that the first respondent herein had obtained loan on 10.09.1997 by executing a promissory note for Rs.80,000/-. According to him, in support of the loan obtained from the petitioner herein, the first respondent had exe

























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