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S. M. SUBRAMANIAM
D. Vijayalakshmi – Appellant
Versus
G. Nagammal – Respondent
ORDER :
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 15.07.2022 in unnumbered E.A.No. /2022 in E.P.No.16 of 2004 in R.C.O.P.No.96 of 1983 on the file of the I Additional District Munsif, Coimbatore and set aside the same and further direct the I Additional District Munsif to number the petition and adjudicate the issue of illegal dispossession and demolition of the property, based on merits.
The Civil Revision Petition has been filed against the Fair and Decreetal order dated 15.07.2022 passed in an unnumbered petition in E.A.-- of 2022 in E.P.No.16 of 2004 in RCOP.No.96 of 1983 on the file of the I Additional District Munsif, Coimbatore.
2. The revision petitioner filed execution application in CFR.No.5156/RP dated 07.07.2021 for the purpose of re-opening the execution petition, which was already disposed of. The petition was filed under Order 21 Rule 99 of Civil Procedure Code. As per the execution proceedings in E.P.No.16 of 2004, the subject property was handed over to the decree holder and therefore, the revision petitioner filed an execution application by raising certain objections. The revision petitioner he
The transferee or subsequent purchaser can maintain an application under Order I Rule 10 of CPC, and misquoting the provision of law cannot be a ground for rejecting the application.
Point of law : Execution petition – Obstruction petition – who can file – Held, Court is empowered to conduct an enquiry whether the obstruction petition filed by the said petitioner was legal or not....
The High Court may exercise its supervisory jurisdiction under Article 227 of the Constitution of India to mandate the time-bound disposal of execution petitions in rent matters to ensure judicial ef....
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