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2023 Supreme(Mad) 2348

R. VIJAYAKUMAR
Executive Engineer, Tamil Nadu Housing Board, Tiruchirappalli – Appellant
Versus
Saroja (Died) – Respondent


Advocates appeared:
For the Petitioners:M.P. Senthil, Advocate. For the Respondents:V. Balaji, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 28.02.2017 passed in E.P.No.106 of 2011 in O.S.No.138 of 2001 on the file of the Principal District Munsif Court, Karur.)

1. The present revision petition has been filed challenging the order passed by the Executing Court directing arrest of the judgement debtors on the ground of violation of permanent injunction decree.

Factual Background:

2. The respondent herein had filed O.S.No.138 of 2001 on the file of the District Munsif Court, Karur as against the Executive Engineer and the Assistant Engineer of Tamil Nadu Housing Board for the relief of permanent injunction as against them that they should not disturb the possession of the plaintiffs. The defendants namely the officials of the Housing Board were set exparte and an exparte decree came to be passed on 28.06.2002.

3. The defendants therein had filed I.A.No.187 of 2004 to condone the delay of 615 days in filing an application to set aside the exparte decree. The said application was dismissed on 13.02.2006. Challenging the same, the defendants are said to have filed a revision before the High C

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