S. M. SUBRAMANIAM
Selvaraj – Appellant
Versus
Anjammal (Died), A. V. M. Utharapathi – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed in Un-numbered E.A.No......of 2022 in E.P.No.6 of 2021 in O.S.No.12 of 2016 dated 01.12.2022 passed by the Learned District Munsif-cum-Judicial Magistrate, Needamangalam.]
1. The Civil Revision Petition has been filed against the order passed in Un-numbered E.A.No......of 2022 in E.P.No.6 of 2021 in O.S.No.12 of 2016 dated 01.12.2022 passed by the Learned District Munsif-cum-Judicial Magistrate, Needamangalam.
2. The revision petitioner is a tenant/judgment debtor and the respondents are the landlords/decree holders. Admittedly, the revision petitioner/tenant is in occupation of the leased out premises for the past about 22 years.
3. However, the respondents/landlords disputed the said contentions by stating that the revision petitioner is an encroacher and there was not even an oral lease, which was in force during the relevant point of time. Thus, the respondents instituted a Suit in O.S.No.12 of 2016 and the Suit decreed in favour of the respondents/landlords.
4. The revision petitioner preferred an Appeal Suit in A.S.No.23 of 2021, which is pending. During
Mere pendency of second appeal without stay does not bar execution of eviction decree.
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