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2010 Supreme(Mad) 2298

G.RAJASURIA
Aswinikumar Prop. Global Trading Chennai – Appellant
Versus
K. Maheswari – Respondent


Advocates Appeared:
For the Petitioner:Samir S. Shah, Advocate.
For the Respondent:A. Venugopal, Advocate.

Judgment :-

1. Inveighing the order dated 09.10.2009 made in E.P.No.439 of 2009 in RCOP No.1108 of 2004 on the file of XVI Judge, Small Causes Court, Chennai, this civil revision petition is focussed.

2. Heard both sides.

3. The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this revision petition would run thus:

The respondent herein filed RCOP No.1108 of 2004 before the Rent Controller concerned. After various proceedings before the Rent Controller as well as the higher for a, it ended in passing an eviction order as against the revision petitioner herein. Whereupon the respondent/landlady, did choose to file E.P.No.439 of 2009 for obtaining delivery of possession. The trial court ultimately ordered delivery. Being aggrieved by and dissatisfied with the order of delivery passed by the Executing Court, this revision is focussed on the following main grounds:

1. The executing court was wrong in simply ordering delivery without waiting to see as to whether the notice earlier ordered on 07.10.2009 by it, was served on the revision petitioner/judgment debtor or not.

2. The learned Judge made an endorsement as though she heard












































































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