LAWS(MAD)-2004-4-172

M CHOKKAPPAN Vs. C SELVARAJ

Decided On April 07, 2004
M.CHOKKAPPAN Appellant
V/S
C.SELVARAJ Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed by the decree-holder against the dismissal of E.A.No.72 of 2001 in E.P.No.93 of 1994 in R.C.O.P.No.43 of 1992 on the file of the District Munsif Court, Thanjavur.

(2.) The revision petitioner on the strength of the eviction order obtained in R.C.O.P.No.43 of 1992 filed E.P.No.93 of 1994 for delivery and it appears that delivery was ordered. The senior bailiff concerned returned the delivery warrant for want of survey number in the delivery warrant. Therefore, the decree-holder filed E.A.No.72 of 2001 in E.P.No.92 of 1994 to incorporate the survey number as T.S.66/23 13. The petition was opposed.

(3.) The Executing Court considering such objections dismissed the E.A.No.72 of 2001 as per order dated 14.2.2002 and it is challenged in this Civil Revision Petition by the decree-holder.