LAWS(MAD)-2011-3-394

V PERIAKARUPPAN AMBALAM Vs. K SIVASHANKARAN

Decided On March 04, 2011
V Periakaruppan Ambalam Appellant
V/S
K Sivashankaran Respondents

JUDGEMENT

(1.) The revision petitioner/respondent/defendant has filed the present civil revision petition as against the order dated 9.9.2002 in E.A. No. 102 of 2002 in E.P. No. 62 of 1999, in O.S. No. 18 of 1997 passed by the learned District Munsif, Madurai Taluk, Madurai.

(2.) THE Executing Court, while passing orders in E.A. No. 102 of 2002 in O.P. No. 62 of 1999 in O.S. No. 18 of 1997 on 9.9.2002 as among other things observed that "Heard the petitioner. Respondent called absent. No representation. The petitioner has already sought eviction of the respondent on the basis of the order passed in C.R.P. No. 2706 of 2000 by the Honourable High Court Chennai, etc." and resultantly ordered delivery of possession to the respondent/plaintiff/petitioner (later deceased) by 3.10.2002.

(3.) ACCORDING to the learned counsel for the petitioner/respondent/defendant, the impugned order of the Executing Court in E.A. No. 102 of 2002 in E.P. No. 62 of 1999 in O.S. No. 18 of 1997 dated 9.9.2002 is contrary to law and the same is an erroneous one.