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2014 Supreme(Mad) 3666

S.VIMALA
M. Gopinathan Pillai, rep. by its Power Agent, C. Vasudevan Pillai – Appellant
Versus
K. Radhakrishnan – Respondent


Advocates Appeared:
For the Petitioner:M.N.S. Mohamed Habeeb Raja, Advocate.
For the Respondents:R1 to R4 & R14, N. Anand Venkatesh, Advocate, R5 to R13, NSSA.

JUDGMENT

S. VIMALA, J.

1. This Civil Revision Petition has been filed by the person claiming under the judgment debtor/third party, challenging the dismissal of the Obstruction Petition filed under Order 21 Rule 97 of the Code of Civil Procedure.

1.1. Respondents 1 to 4, as decree holders, have filed E.P. No. 307 of 2008 seeking delivery of possession of 30 cents of immovable property from the judgment debtors/ respondents 5 to 9 herein, as per the terms of the decree made in O.S. No. 898 of 1983.

1.2. Respondents 1 to 4 are legal heirs of the original decree holder in O.S. No. 898 of 1983, who died on 21.01.1996, during the pendency of the first appeal. Respondents 5 to 9 are the legal heirs of one Ramakrishnan Pillai, the sole defendant in the said suit as well as the sole plaintiff in the connected suit in O.S. No. 3080 of 1982. Ramakrishnan Pillai died on 04.12.2004.

1.3. The suit in O.S. No. 898 of 1983 was decreed and the suit in O.S. No. 3080 of 1982 was ultimately dismissed.

2. Based upon the decree in O.S. No. 898 of 1983, an Execution Petition was filed in E.P. No. 307 of 2008, seeking recovery of 30 cents of immovable property from respondents 5 to 9.

2.1. The Judgmen































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