P. J. Uma Maheswari vs K. Thangaian - 2023 Supreme(Mad) 362

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2023 Supreme(Mad) 362

S. M. SUBRAMANIAM
P. J. Uma Maheswari – Appellant
Versus
K. Thangaian – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. M. Thangadurai

ORDER :

Prayer: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order dated 12.09.2022 in E.A.No.58 of 2020 in E.P.No.34 of 2019 in R.C.O.P.No.31 of 2012 on the file of the Principal District Munsif, Alandur and consequently allow the E.A.No.58 of 2020 in E.P.No.34 of 2019 in R.C.O.P.No.31 of 2012.

The civil revision petition is filed against the fair and decreetal order dated 12.09.2022 passed in E.A.No.58 of 2020 in E.P.No.34 of 2019 in R.C.O.P.No.31 of 2012.

2. The revision petitioner is the judgment debtor / tenant and the respondent is the decree holder / landlord, who filed R.C.O.P.No.31 of 2012 for eviction on the ground for owner’s occupation. The Rent Controller allowed the R.C.O.P and ordered for eviction. The revision petitioner preferred an Appeal in R.C.A.No.37 of 2021, which is pending. Meanwhile, the decree holder filed E.P.No.34 of 2019 and the Execution Court allowed the execution petition and delivery was ordered.

3. The grievance of the revision petitioner is that she had not participated in the execution proceedings, as summons were not served to her in the execution proceedings. Therefore, the E

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