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2024 Supreme(Online)(MAD) 12711

HIGH COURT OF MADRAS
Hon`ble Mr Justice V. SIVAGNANAM
A.GANESAN – Appellant
Versus
D.SELVARAJ – Respondent


ORDER

Challenging the order of dismissal in E.A.No.36 of 2023 in E.P.No.108 of 2022 in O.S.No.75 of 2009 passed by the Subordinate Judge, Udumalpet, the present Civil Revision has been filed.

2. The learned counsel for the revision petitioner submitted that the revision petitioner, who is the third party in the petition in E.P.No.108 of 2022 in O.S.No.75 of 2009, had filed an appeal in E.A.No.36 of 2023 before the Subordinate Court, Udumalpet, to declare that the revision petitioner herein is the owner of the property bearing Survey No.122/8 at Komangalam Village and to remove the said property from execution petition in E.P.No.108 of 2022 in O.S.No.75 of 2009. He further contended that the revision petitioner had purchased the property on 30.11.2022 for a valid sale consideration and on that day, he did not have any knowledge about the attachment made by the Court in the suit in O.S.No.75 of 2007. From the date of purchase, he is in possession of the property and he being the bonafide purchaser had filed the Execution Appeal in E.A.No.36 of 2023, but, the Trial Court, without proper application of available evidences and witnesses, by an order dated 25.08.2023 dismissed the same, ag

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