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2021 Supreme(Mad) 3477

N.SATHISH KUMAR
V. Nithyanandam(died) – Appellant
Versus
Palani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Ganesan
For the Respondents: Mr.V.Lakshmi Narayanan

ORDER :

This is an application seeking for review the order passed by this court in CRP NPD No.1059 of 2009 dated 25.02.2019.

2. Earlier, a Civil Revision Petition in CRP NPD No.1059 of 2009 was filed as against the dismissal order of the Trial Court in M.P.No.115 of 2008 in M.P.No.376 of 2007 in E.P.No.321 of 1996 in RCOP No.1698 of 1990. This court by an order dated 25.02.2019, allowed the revision petition and directed the Trial Court to proceed with the restitution petition in M.P.No.623 of 1996 in E.P.No.321 of 1996 filed under Section 144 of the Code of Civil Procedure filed by the Decree holder, who obtained a decree in O.S.No.1293 of 1995 before the XI Assistant City Civil Court, Chennai.

3. Originally, one Krishnaveni has filed a Rent Control Petition in RCOP No.1698 of 1990 before the XV Court of Small Causes and obtained an order for eviction. Based on the eviction order, possession was also taken from one Palani, who is the husband of the Kalaiselvi.

4. Thereafter, a suit in O.S.No.1293/1995 came to be filed before the XI Assistant City Civil Court by Kalaiselvi, as against the Krishnaveni for declaration, declaring that the eviction order obtained before the Rent Controlle

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