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2024 Supreme(Mad) 2442

IN THE HIGH COURT OF JUDICATURE AT MADRAS
BATTU DEVANAND
Mahamooda Begam – Appellant
Versus
Ali Mohammed Sait (Since Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. G. Mohammed Aseef for Mr.I.Abrar Md. Abdullah
For the Respondent: Mr. P.L. Narayanan, Senior Counsel for Mr.V.Praveen Kumar

ORDER :

BATTU DEVANAND, J.

This Civil Revision Petition has been filed against the order dated 12.02.2020 passed in E.A. No. 4820 of 2018 in E.P. No. 255 of 2003 in O.S. No. 855 of 1972 on the file of X Assistant Judge, City Civil Court, Chennai.

2. The deceased decree holder filed E.P.No.255 of 2003 for executing the sale deed of the schedule mentioned property. The revision petitioner is the seventh judgment debtor in the E.P. No. 255 of 2003. Earlier, she has filed a petition under Section 47 of CPC and on dismissal of the same, C.R.P. No. 1174 of 2005 was preferred by her. The said CRP was dismissed as infructuous on 17.07.2017 on the ground that Execution Petition was closed. During the pendency of the Execution Petition, Ali Mohammed Sait / decree holder expired on 21.05.2011. Then only the legal heirs of the decree holder came to know that the execution petition was closed on 20.12.2016. Therefore, they have filed E.A. No. 4820 of 2018 under Section 146 of CPC to implead themselves as legal heirs of the deceased decree holder and the same was allowed on 12.02.2020. Aggrieved by the same, the revision petitioner/Seventh judgment debtor filed the present Civil Revision Petition

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