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2011 Supreme(Mad) 3137

V.PERIYA KARUPPIAH
Rajavanai – Appellant
Versus
P. Nithiyanandam – Respondent


Advocates Appeared:
For the Petitioners:P.T. Asha for Saravabhuman Associates, Advocates.
For the Respondents:R1 to R3 - No appearance, R4 - K. Kalyanasundaram, Advocate.

JUDGMENT :-

1. This Revision has been filed by the Petitioners in E.A. No.172 of 2005 in E.P. No.100 of 2002 in O.S. No.77 of 1985 against its dismissal passed by the lower Court, by rejecting the prayer that the final decree passed in O.S. No.77 of 1985 of the file of the learned II Additional Sub-Judge, a nullity and incapable of execution and thereby to dismiss E.P. No.100 of 2002.

2. Heard Ms. P.T. Asha learned Counsel appearing for M/s. Sarvabhuman Associates Counsel for Petitioner and Mr. P.B. Balaji appearing for the Second Respondent and Mr. K. Kalyanasundaram, learned Counsel appearing for the Fourth Respondent. There is no appearance for the Respondents 1 & 3 for the Revision.

3. The Petitioners before the lower Court are the wife and children of the First Respondent/third parties. The Respondents 1 to 3 were the judgment debtors and the Fourth Respondent is the decree holder in a Suit filed by him for the sale of mortgage property created under an equitable mortgage against the said properties and a final decree has also been passed in terms of the preliminary decree and on the basis of the final decree passed the execution proceedings have been launched by the decree hold

























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