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1997 Supreme(Mad) 1016

S.M.ABDUL WAHAB
G. Ganapathy Puratchi Dasan – Appellant
Versus
Y. Sudhakar Reddy represented by power Agent B. N. Anand – Respondent


Advocates Appeared:
For the Petitioner:S.K. Sundaram, Advocate.
For the Respondent:N. Krishnamitra, Advocate.

Judgment :-

1. This Civil Revision petition has been preferred by the petitioner against the order dated 7.8.1997 in Transfer O.P. No. 81 of 1997 on the file of the Chief Judge, Small Causes Court, Madras.

2. The petitioner is a tenant. R.C.O.P. No. 208 of 1990 was filed against him. On 16.4.1993 the said petition was ordered. As against the same one appeal was also preferred in R.C.A. No. 948 of 1993. The appeal was dismissed. As against the said order C.R.P. No. 2960 of 1996 was preferred by the petitioner and there again, he was unsuccessful as it could be seen from the order dated 21.2.1996 in CRP 2960 of 1996.

3. After he failed in the eviction proceedings, the respondent filed E.P. No. 131 of 1997 for delivery of possession. At that stage, it appears that he filed a petition M.P. No. 196 of 1997 requesting to stay the proceedings since he wanted to move the Supreme Court. Even though time was granted till 30.4.97 there was no proceeding initiated in Supreme Court. Instead of moving the Supreme Court, the petitioner filed on 7.4.1997 a petition under Section 47, C.P.C. before the executing court.

4. The contention urged by the petitioner in S. 47, C.P.C. Petition is that the or











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