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2025 Supreme(Online)(Mad) 41548

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
M.Sivakumar – Appellant
Versus
Amerunnissa Begum Sahiba Endowments – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Giritharan
For the Respondents: Mr.L.Gavaskar

O R D E R

Challenging the order passed by the Execution Court rejecting the application filed under Section 47 CPC even before numbering the same, the present revision has been filed.

2.The suit in O.S.No.3189 of 2011 has been originally filed by the respondent for delivery of vacant possession of the subject property, as against the father of the revision petitioner. The suit was decreed ex parte against the father of the revision petitioner. Execution Petition in E.P.No.3698 of 2022 was filed by the respondent to enforce the decree. Thereafter, the revision petitioner has filed the present application under Section 47 CPC in the execution proceedings inter alia contending that the Court which passed the decree has no jurisdiction. Further, it is the contention of the petitioner that the suit is originally filed before the I Assistant City Civil Court, which is barred by jurisdiction and the Execution Petition is also filed against a dead person. The Execution Court rejected the said application even before numbering. Challenging the same, the present revision has been filed.

3.Learned counsel for the revision petitioner would submit that, an application under Section 47 CPC qu

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