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2013 Supreme(Mad) 2407

K.RAVICHANDRA BAABU
V. Dhanraj – Appellant
Versus
R. Durairaj (since deceased) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Satish Parasaran, Advocate.
For the Respondents:R. Natarajan, Advocate.

Judgment :-

1. This civil revision petition is filed against the order of the Court below in dismissing the application filed under Section 47 r/w Sections 141 and 151 CPC.

2. The petitioner herein, as a third party-claimant, filed the above application before the Executing Court in E.A.No. 116 of 2001 seeking for release of the property in S.Nos. 37/4 and 37/6 from the purview of execution proceedings in E.P.R.No.253 of 1984 and alternatively to dismiss the said execution petition by contending that those properties belong to him. The case of the petitioner before the Court below is that he is the son of one Vedamanickam and he does not own any land or property in S.F.No. 37/1A2 and on the other hand their property is situated at S.F.No. 37/4 and 37/6. One Dorairaj filed the suit in O.S.No. 197 of 1961 on the file of the District Munsif, Conoor, for partition in respect of a property at old S.No. A37/1A2 and Re-Survey No. 37/4 measuring an extent of 36 cents. The said Durairaj preferred an execution petition in E.P.R.No.253 of 1984 in which the petitioner's father obstructed the execution proceedings. Therefore, the decree holder filed E.A.No. 18 of 1986 for removal of obstruction.







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