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2011 Supreme(Mad) 3135

V.PERIYA KARUPPIAH
R. Sowbagyarajan – Appellant
Versus
Marimuthu Gounder – Respondent


Advocates Appeared:
For the Petitioners:N. Thiagarajan, Advocate
For the Respondents:R1 - K. Kalyanasundaram, Advocate, R2 to R4 - No Appearance.

JUDGMENT :-

1. This Revision has been filed by the Petitioner in E.A. No. 13 of 2005 in E.P.No.100 of 2002 in O.S. No.77 of 1985 against the order of dismissal passed by the lower Court in finding the final decree passed in O.S.No.77 of 1985 on the file of the II Additional Sub-Judge, Coimbatore as a nullity and incapable of execution and to dismiss E.P.No.100 of 2002.

2. Heard Mr. N. Thiagarajan, learned Senior Counsel appearing for the Petitioners and Mr. K. Kalyanasundaram, learned Senior Counsel appearing for the First Respondent. No appearance for the Respondents 2 to 4.

3. The Petitioners entered into a sale agreement with Respondent Nos.2 & 3 and the husband of 4th Respondent. As per the sale agreement, the 4th Respondent executed a Sale Deed with regard to her share to the 2nd Petitioner.

4. The Respondents 2 to 4 are the judgment debtors and the First Respondent is the decree holder in a Suit filed by the First Respondent for the sale of mortgage property on an equitable mortgage created against the said properties and the Suit was contested and preliminary decreed and thereafter a final decree has also been passed in terms of the preliminary decree and the execution procee


































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