Pazhaniyammal vs Saroja - 2023 Supreme(Mad) 87

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 87

S. M. SUBRAMANIAM
Pazhaniyammal – Appellant
Versus
Saroja – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: K. Gandhi Kumar.
For the Respondent: S. Kamadevan.

ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow this Civil Revision Petition and thereby set aside the ex-parte order of the Court below dated 22.12.2020 passed in E.P. No. 98 of 2019 in O.S. No. 301 of 2019 by the District Munsif cum Judicial Magistrate, Sendurai.

1. The Civil Revision Petition has been filed against the ex-parte order dated 22.12.2020 passed in E.P. No. 98 of 2019 in O.S. No. 301 of 2019 by the District Munsif cum Judicial Magistrate, Sendurai.

2. The revision petitioner is the judgment debtor/tenant. The respondent/plaintiff instituted a suit for recovery of possession in O.S. No. 301 of 2019 and the Suit was decreed in favour of the respondent/ plaintiff. An ex-parte decree was passed, since the revision petitioners had not contested the Suit, despite service of notice. Thereafter, the respondent/decree holder filed Execution Proceedings in E.P. No. 98 of 2019 and the Execution Court also granted sufficient time to the revision petitioners to contest the matter. Even thereafter, the revision petitioners had not availed the opportunity and contested the matter and consequently, the Execution Court passed an

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