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2013 Supreme(Mad) 2355

T.S.SIVAGNANAM
B. Dhanam – Appellant
Versus
P. Usha Rani – Respondent


Advocates appeared:
For the Petitioner:T. Murugamanickam, Advocate.
For the Respondents: No Appearance.

JUDGMENT :-

1. This revision filed under Article 227 of The Constitution of India is directed against the fair and final order dated 23.01.2007 made in Transfer O.P.No.69 of 2006 on the file of the Principal District Court, Salem.

2. The petitioner is the plaintiff in O.S.No.1290 of 2004 on the file of the District Munsif Court, Salem. The suit was filed for a decree of specific performance and the fourth respondent herein was the sole defendant. The suit was decreed by the judgment and decree dated 11.10.2004. Thereafter, the petitioner filed R.E.P. No.309 of 2005 to execute the sale deed in her favour and the same was allowed by the Court by order dated 20.10.2005 and the sale deed was executed by the Trial Court and the execution proceedings was terminated. Thereafter, for delivery of possession, the petitioner filed another petition in R.E.P.No.472 of 2005 under Order 21 Rule 11 C.P.C. When the said petition was pending, respondents 1 to 3 herein who are the daughters of the fourth respondent/judgment debtor in O.S.No.1290 of 2004 filed a petition in R.E.A. No.33 of 2006 under Order 21 Rules 97, 98, 101 r/w Section 151 C.P.C. to determine their rights and share in the suit prope












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