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2023 Supreme(Mad) 3067

R. VIJAYAKUMAR
Muralikrishnan – Appellant
Versus
M. Shanthis – Respondent


Advocates:
For the Petitioner:J. Anandkumar, Advocate. For the Respondents:R1, PT.S. Narendravasan, Advocate. R2, No appearance.

JUDGMENT

(Prayer: in CRP(MD).No.2634 of 2015 Civil Revision Petition filed under Section 115 of the Civil Procedure Code, to call for the records relating to the fair and decreetal order dated 25.09.2014 made in I.A.No.12 of 2013 in I.A.No.91 of 2009 in O.S.No.72 of 2009 on the file of the I Additional District Judge, Madurai, set aside the same and consequently allow the civil revision petition.)

Common Order

1. All the revision petitions have been filed by the decree holder in a money suit challenging the allowing of claim petitions filed under Order 38 Rule 10 of C.P.C.

Factual background:

2. The revision petitioner as plaintiff had filed O.S.No.72 of 2009 on the file of the I Additional District Court, Madurai for the relief of recovery of a sum of Rs.8,00,000/-. Pending suit, the plaintiff had filed I.A.No.91 of 2009 seeking an order of attachment before judgment. The said application was allowed on 28.10.2009. The suit was decreed exparte on 15.02.2010. The decree holder filed E.P.No.1 of 2013 to bring the attached property for sale.

3. While the execution petitions were pending, seven claim petitions in I.A.Nos.12 to 18 of 2013 were filed by seven claimants contending that all of

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