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2023 Supreme(Mad) 432

S. M. SUBRAMANIAM
J. Banu – Appellant
Versus
Md. Kalleemullah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.B.Ramamoorthy

ORDER :

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to allow this Civil Revision Petition by setting aside the impugned order and decretal order dated 26.10.2022 made in E.P.No.648 of 2022 on the file of X Assistant City Civil Court at Chennai.

The Civil Revision petition has been instituted challenging the impugned order and decretal order dated 26.10.2022, passed in E.P. No.648 of 2022, in O.S. No.7519 of 2012. The revision petitioner is the defendant in the suit and judgement debtor.

2. The respondent is the plaintiff who instituted a suit for specific performance. It is not in dispute that the suit was decreed on 09.02.2017 itself. The respondent/decree holder filed E.P. No.648 of 2022 for execution of the Decree passed in O.S. No.7519 of 2012. The Execution Court adjudicated the issues and considered the objections raised by the revision petitioner. The objections mainly raised by the judgement debtor is that though the decree holder has filed E.P. No3406 of 2017 for the execution of sale deed earlier, the decree holder has not registered the sale deed and on that ground, the execution proceeding is to be dismissed. The judgement d

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