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2022 Supreme(Mad) 1668

C. V. KARTHIKEYAN
Uthirapathy – Appellant
Versus
Vasudevan – Respondent


Advocates appeared:
For the Petitioner:A. Muthukumar, Advocate. For the Respondent:G. Sumithra, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Section 115 of C.P.C., against the fair and decreetal orders passed in E.A.No.1 of 2014 in E.P.No.2 of 2012 in O.S.No.131 of 1999 dated 05.01.2017 on the file of the Court of District Munsif - cum - Judicial Magistrate, Parangipettai.)

1. The 3rd defendant in O.S.No.131 of 1999, now pending in execution stage before the District Munsif-cum-Judicial Magistrate, Panrangipettai is the revision petitioner herein.

2. The first and fourth plaintiffs have unfortunately died. The second and third plaintiffs alone have survived the litigation. A decree was passed on 27.10.2006 granting declaration of title with respect to suit properties in favour of the second, third and fourth plaintiffs and granting recovery of possession. Subsequently, E.P.No.2 of 2012 had been filed seeking to put into effect the decree. The second plaintiff Vasudevan filed E.P in his own name. The third defendant, had then filed E.A.No.1 of 2014 in E.P.No.2 of 2012 under Section 47 of C.P.C., stating that though the decree was in favour of the second, third and fourth defendants, the Execution petition has been filed only by the second plaintiff and therefore it is no

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