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2001 Supreme(Mad) 99

K.SAMPATH
Samuel alias Manas – Appellant
Versus
Dasamma Nadathy – Respondent


Advocates Appeared:
T.R. Rajaraman, for Petitioners.
K. Sreekumaran Nair, for Respondents.

Judgment :-

1. The revision petitions arise under the following circumstances:

A final decree for redemption in favour of the respondents herein was passed on 28.3.1977. The respondents filled execution petition in E.P.No.413 of 1977. As they had not deposited the value of improvements, it was dismissed on 15.3.1978. Thereafter, they filed a fresh E.P. on 11.10.1985. It was returned on 17.4.1986 as the value of improvements had not been deposited. The same was re-presented with a challan for deposit for the value of improvements in 1997 (7.4.1997). The Executing Court directed the E.P. to be numbered on 9.4.1997. The petitioners herein received notice from court for appearance on 11.8.1997. The number shown in the notice was E.A.No.85 of 1997, which was for excusing the delay in depositing the value of improvements. The petitioners filed E.A.No.114 of 1999 for setting aside the order dated 9.4.1997 passed by the executing court directing the execution petition to be numbered. Both the applications were taken up jointly by the learned District Munsif, Kuzhithurai. By a common order the learned District Munsif allowed the application E.A.No.85 of 1997 for condonation of delay in deposi











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