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2024 Supreme(Online)(MAD) 14152

HIGH COURT OF MADRAS
Honourable Mr Justice P.B. BALAJI
R.KARUPPANNAN – Appellant
Versus
NATARAJAN(DECEASED) – Respondent


JUDGMENT

This Second Appeal has been filed against the judgment and decree dated 17.07.2017 passed in A.S.No.24 of 2015 on the file of the Principal Sub-Court, Salem, confirming the judgment and decree dated 27.10.2014 made in R.E.A.No.137 of 2004 in R.E.P.No.126 of 2002 in O.S.No.193 of

2002 on the file of the Principal District Munsif Court, Salem.

2.The Second Appeal proceedings arise from a suit for recovery of money filed by one N.Gunasekaran, as plaintiff, in O.S.No.193 of 2002 against one K.R.Jagadeesan, on the file of the Principal District Munsif, Salem. The suit was filed for recovery of a sum of Rs.29,025/- based on a promissory note executed by the defendant in the said suit, namely K.R.Jagadeesan. The suit came to be decreed on 26.04.2002. The defendant remained exparte and the District Munsif, Salem, proceeded to pass an exparte decree. The property was sold by the Executing Court and one R.Karuppannan was its successful auction purchaser. The decree holder initiated execution proceedings in R.E.P.No.126 of 2002. In the said execution proceedings, the third party, namely the respondents herein filed miscellaneous application in R.E.A.No.137 of 2004, arraying the decree

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