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2021 Supreme(Online)(MAD) 10624

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
MRS. SAKUNTHALA(Died) – Appellant
Versus
MRS. MOHANAAMMAL – Respondent


ORDER

This civil revision petition is directed as against the order dated 24.10.2016 passed in unnumbered EA.Sr.No.1363 of 2014 in EP.No.20 of 2011 in OS.No.487 of 1981 on the file of the District Munsif at Thiruvallur thereby rejected the petition filed under Section 47 of CPC as not maintainable.

2. The petitioners are the defendants in the suit filed by the respondents herein for declaration and recovery of possession. The said suit was decreed by the judgment and decree dated 27.09.1991 and the same was confirmed by this Court by the judgment and decree dated

20.04.2011 in SA.No.512 of 1998. Thereafter, the respondents filed execution petition for execution of decree of recovery of possession. While pending the same, the petitioners filed petition under Section 47 of CPC raising various issues beyond the decree. As such the court below rejected the application as not maintainable for the reason that the execution court cannot go beyond the decree and the questions raised and decided before the trial court and the appellate court cannot be again raised in the execution proceedings.

3. The learned counsel for the petitioners submitted that without even numbering the petition field u

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