SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Mad) 509

S.PALANIVELU
K. J. Prakash Kumar – Appellant
Versus
Rasheeda Yasin – Respondent


Advocates Appeared:
For the Petitioners:V. Raghavachari, Advocate.
For the Respondents:M.V. Muralidaran, Advocate.

Judgment :-

Civil Revision Petition filed under Section 115 of the Civil Procedure Code, against the Judgment and Decree inC.M.A.No.17 of 2005 in confirming the decretal order dated in E.A.No.475 of 2003 in E.P.No.199 of 1998 in O.S.No.9158 of 1995 on the file of III Additional Judge, City Civil Court, Chennai.

The first petitioner in E.A.No.475 of 2003 is one Komala Ammal, wife of Jeganathan. Her son is K.J. Prakashkumar. Both of them were defendants in the original Suit. Jaganathan is no more. Pending enquiry in the execution petition, she died. 2nd and 3rd petitioners are her daughters. Wherever the words "first petitioner" occur, it would refer to Komala Ammal.

2. The following are the averments found in E.A.No.475 of 2003 filed by these petitions:-

2. (i) The first respondent obtained an exparte decree in O.S.No.9158 of 1995 for recovery of money against the husband of the first petitioner and these petitioners. Since the decree holder agreed to deduct not only payments made but also agreed to give interest on the amounts paid, the defendants did not conduct the suit. However, far from expectation, the decree holder/first respondent filed E.P.No.199 of 1998 for sale of the propert






































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top