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2022 Supreme(Mad) 2737

B. PUGALENDHI
C. Theivarajan – Appellant
Versus
K. Chandrasekaran – Respondent


Advocates appeared:
For the Petitioner:D. Nallathambi, Advocate. For the Respondents:K. Viajanand, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 16.03.2021 passed in E.A.No.1 of 2020 in E.P.No.3 of 2019 in R.C.O.P.No.12 of 2006 before the District Munsif Court, Theni by allowing this civil revision petition with cost.)

1. This civil revision petition is filed as against the fair and decreetal order passed by the executing court in E.A.No.1 of 2020 in E.P.No.3 of 2029 in RCOP.No.12 of 2006 dated 16.03.2021.

2. The petitioner herein has filed the above E.A.No.1 of 2020 under Order I Rule 10 of CPC for impleading him as party in EP.No.3 of 2019 in RCOP.No.12 of 2006.

3. The petitioner claims that he is the son of the first respondent Chandrasekaran, who is the decree holder, who filed EP.No.3 of 2019. The first respondent filed RCOP No.12 of 2006 against the second respondent and got an order of eviction. The eviction was ordered on 18.08.2015 and the first respondent has also filed an execution petition in EP.No.39 of 2015 before the Executing Court and the same was not pressed on 21.07.2017. Thereafter the first respondent again filed another execution petition in EP.No.3 of 2019 for

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