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1998 Supreme(Mad) 1554

S.M.SIDICKK
M. Nazruddin – Appellant
Versus
The Idol of Arulmigu Navaneedha Krishnasami and Durgai Amman Vahaira Temples, Represented by Trustees – Respondent


Advocates Appeared:
For the Petitioner:V. Raghavachari, Advocate.
For the Respondents:M. Venkatachalapathy, Senior Counsel, for M/s.M. Sriram & D. Rajendran, Advocates.

Judgment

1. The revision petition is the judgment-debtor/defendant and respondents herein are the decree-holders/plaintiffs before the First Additional District Munsifs Court at Tiruchirapalli in E.A.No.778 of 1998 in E.P.No.246 of 1998 in O.S.No.3062 of 1992.

2. This revision petition is directed as against the fair and decretal order dated 8.10.1998 passed in E.A.No.778 of 1998, which is an application filed by the revision petitioner/judgment-debtor/defendant under O.21, Rule 26 as well as under Sec.151 of C.P.C., to pass a temporary order of stay of executing proceedings in E.P.No.246 of 1998 in O.S.No.3062 of 1992 on the file of First Additional District Munsifs Court at Tiruchirapalli till the disposal of the application filed to set aside the ex parte decree dated 15.4.1998. The same was resisted by the respondents/decree-holders/plaintiffs by filing a counter-statement to this stay petition in E.A.No.778 of 1998. On consideration of the rival contentions of both the parties, the learned First Additional District Munsif at Tiruchirapalli in her order dated 8.10.1998 stated that the ex parte decree was passed on 17.1.1997, and the revision petitioner/judgment-debtor/defendant



























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