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2024 Supreme(Online)(MAD) 15277

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.VIJAYAKUMAR
Namachivayam Died RAJESWARI – Appellant
Versus
Chinnadurai Died S/o.Durais – Respondent


O R D E R

The instant revision petition has been filed by one Rajeswari who is a third party to O.S.No.731 of 1985 on the file of the I Additional Subordinate Judge, Tiruchirappalli challenging the dismissal of E.A.No.

637 of 2005 in E.P.No.45 of 1989 in the said suit.

(A).Facts leading to the filing of this revision are as follows:

2.The property in Survey No.1152/2 having an extent of east-west measurement of 36 feet and north-south measurement of 40 .feet was originally owned by one Valliammal through a registered document dated 20.06.1921. After her lifetime, her daughter Nagammal and Nagammal's son Namachivayam were in possession and enjoyment of the same. The said Nagammal and Namachivayam have executed a registered settlement deed in favour of Nagammal's two other daughters namely Pappathiammal and Kunjammal for an extent of 15X19 feet out of 36X40 feet.

3.The said Pappathiammal and Kunjammal had mortgaged the said property with a Co-operative Housing Society. Due to non-payment of the dues, the extent of 15X19 feet area was brought to the auction which was purchased by one Rajarethinam Pillai through a sale certificate dated 06.08.1970 and he had taken delivery of the said prope

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