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2021 Supreme(Mad) 3391

S.S.SUNDAR
P. K. S. Mohammed Sheriff – Appellant
Versus
S. Mittalal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.J.R.K.Bhavanantham
For the Respondent: Mr.R.Parthasarathy

ORDER :

1. This Civil Revision Petition is directed against the order in the petition filed by the revision petitioner in EA.No.72/2016 under Section 47 CPC.

2. Brief facts that are necessary for the disposal of this Civil Revision Petition are as follows.

3. The respondent, as plaintiff filed a suit in OS.No.628/1986 as against one Sankaran and Samuel Nadar before the District Munsif Court, Ponneri. Subsequently, the said suit was transferred to the Court of District Munsif cum Judicial Magistrate, Thiruvottiyur and was renumbered as OS.No.1234/1997. The suit was for ejectment of defendants from the suit property and for recovery of rent and for recovery of damages for use and occupation for the period up to 1985.

4. The said suit was decreed for recovery of possession and the appeal preferred by the defendants in AS.No.3/2003 before the Sub Court, Ponneri, was dismissed on 30.06.2004. The Second Appeal preferred by the defendants in SA.No.1139/2005 before this Court was also dismissed vide judgment and decree dated 14.10.2015. Thereafter, the respondent/plaintiff filed EP.No.17/2005 before the District Munsif, Tiruvottiyur. The Execution Court ordered delivery on 07.02.2006. When the

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