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2020 Supreme(Mad) 1281

R.SUBRAMANIAN
Karuppa Gounder – Appellant
Versus
Pongiyanna Gounder – Respondent


Advocates Appeared:
For the Petitioner:M. Roshan Atiq, Advocate.
For the Respondents:R1 to R3, R. Thirumoorthy, Advocate.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 115 of C.P.C., against the fair and decreetal order dated 27.02.2018 made in E.A.No. 88 of 2017 on the file of the District Munsif Court, Sathyamangalam in E.P.No. 6 of 2010 on the file of the District Munsif Court, Sathyamangalam.)

1. This revision is by the decree holder in O.S.No. 88 of 2002 challenging the order dismissing his application for restoration of an execution petition that was dismissed for default on 28.03.2014. 2. The petitioner had sued for reliefs of declaration that the width of cart track at 12 feet, mandatory injunction directing the defendants 5 to 7 to restore the cart track and for permanent injunction restraining the defendants 1 to 4 and others from reducing the width of the cart track. The said decree dated 12.04.2008 was put in execution in E.P.No. 6 of 2010. A Commissioner was appointed by the Trial Court to carry out the exercise and the execution petition was adjourned for report of the Commissioner on several occasions. Since the Commissioner did not file his report, the Executing Court dismissed the execution petition for default on 28.03.2014. The petitioner filed an application in E.A.

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