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2021 Supreme(Mad) 3122

G.CHANDRASEKHARAN
Sarath Kakumanu – Appellant
Versus
Veerappan Arunachalam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.E.Om Prakash Senior Counsel for M/s.J.B.Abithabanu
For the Respondent: Mr.AR.L.Sundaresan Senior Counsel for M/s.Anirudh Krishnan

ORDER :

This Civil Revision Petition is filed against the order passed in E.A.No.1776 of 2017 in E.P.No.1991 of 2013 on the file of IX Assistant City Civil Court, Chennai.

2. E.A.No.1776 of 2017 was filed under section 47 CPC to rectify the survey number of the schedule property as 3958/3 instead of 3958/2 as described in the decree dated 17.10.1995. Respondents' predecessor Jayalakshmi Ammal filed a suit in O.S.No.9974 of 1992 against the petitioner for permanent injunction restraining the petitioner and his agents or anybody claiming through him in any manner using the private road owned by Jayalakshmi Ammal, comprised in R.S.No.3958/2, and for mandatory injunction directing the petitioner to remove the iron gate put up in the eastern compound wall of the plaintiff marked in yellow colour in the sketch annexed and to restore the wall in original state. The suit was decreed on 17.10.1995. There was no steps taken for setting aside the exparte decree or challenging the exparte decree by way of appeal. Therefore, the exparte decree passed in O.S.No.9974 of 1992 became final. E.P.No.1191 of 2013 was filed under Order XXI Rule 32 CPC for arresting the petitioner and detain him in civil

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