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2021 Supreme(Mad) 3262

C.V.KARTHIKEYAN
Muralidharan – Appellant
Versus
V. Subramanian – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Krishnan.
For the Respondents: Mr. T.S. Vijaya Raghavan, Mr. G.B. Sabari Das, Mr. D. Shivakumaran.

ORDER :

This Revision Petition has been filed to set aside the order dated 20.11.2020 in R.E.P.No.54 of 2018 in O.S.No.97 of 2003 pending on the file of the III Additional District Court Salem.

2. The 5th respondent/Judgment Debtor No.5 is the revision petitioner herein.

3. O.S.No.97 of 2003 had bee filed by the plaintiff V. Subramanian, who is the 1st respondent herein against three defendants namely, Krishnan, Shanmugam and L.S.P. Refined Oil Company represented by its Proprietor Krishnan seeking recovery of a sum of Rs.6,12,200/- together with interest and for costs.

4. The suit was contested by the 1st and 2nd defendants. The 3rd defendant remain ex-parte. A Judgment was passed on 15.03.2005 decreeing the suit. Thereafter, the plaintiff/decree holder filed R.E.P.No.54 of 2018. By that time, the 2nd defendant Shanmugam had died. Therefore, his legal representatives / sons were impleaded as 4th and 5th respondents / judgment debtors 4 & 5. They were Dr. Muralidharan and B.S. Selvakumar, the 4th respondent/judgment debtor. Dr. Muralidharan is the revision petitioner herein.

5. The said Execution Petition was filed by the plaintiff/decree holder under Order XXI Rule 11 of CPC seeking ex

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