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2023 Supreme(Mad) 2150

RMT. TEEKAA RAMAN
Andrew Tennyson Abraham – Appellant
Versus
Daniel Sam Rep. By his General Power of Attorney N. Durairaj – Respondent


Advocates appeared:
For the Appellant:D. Rajagopal, Advocate. For the Respondent:R. Ramanlaal, Advocate.

JUDGMENT

(Prayer:This Civil Miscellaneous Second Appeal is filed under Section 100 read with Section 104 (1)(i) of Civil Procedure Code, to set aside the order and decree dated 22.04.2022 made in CMA No.1 of 2022 on the file of the III Additional District & Sessions Judge, Tiruvallur @ Poonamallee confirming the Docket Order dated 10.11.2021 made in E.P.No.57 of 2010 in O.S.No.393 of 1989 on the file of Sub-ordinate Judge, Poonamalee.)

1. Judgment Debtor/Defendant, is the appellant herein.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court in Original Suit.

3. This Civil Miscellaneous Second Appeal is filed against the order passed in CMA No.1 of 2022, confirming the order passed in EP No.57 of 2016, wherein the Execution Court/ learned Sub Ordinate Judge, Poonamallee has accepted the draft sale deed produced by the Decree holder/Plaintiff. Against the said order, the Judgment Debtor/Defendant has not preferred an appeal. However, on the memo filed as an objection for the draft sale deed vide docket order dated 10.11.2021, the life certificate filed by the Decree holder/Plaintiff/respondent was taken into consideration and objection

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