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