KALIAPERUMAL Vs. KUPPUSAMY

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the Order and Decreetal Order, dated 04. 02. 2008 made in E. A. No. 11 of 2008 in E. P. No. 55 of 1997 in O. S. No. 1876 of 1974 on the file of the District Munsif, Tittagudi.

(2.) THE revision petitioner herein had filed an application under Section 47 of the Code of Civil Procedure before the trial court, seeking an order before the Executing Court to declare that the decree passed in the suit in O. S. No. 1876 of 1974 and the connected proceedings and subsequent orders passed by the court below are null and void and in-executable. By the impugned order, the application was dismissed on merits by the court below. Hence, this revision petition has been preferred by the petitioner herein.

(3.) IT is an admitted fact that one late Chinnayya Padayachi was the original owner of the property, who had two wives, by name 1. Kaveri Ammal and 2. Poovammal and the said Chinnayya Padayachi had one son Adimoolam through his first wife Kaveri Ammal and three daughters by name 1. Poonachi, 2. Chinna Pillai and 3. Kuppammal, through his second wife Poovammal. Adimoolam had two sons, namely, Karuppiah and Kaliaperumal and two daughters, namely, Madanammal and Chinnaponnu. The petitioner herein, Kaliaperumal is one of the sons of the aforesaid Adimoolam. Poonachi had a son, by name Kuppusami and daughter Valambal. The said Kuppusamy is the respondent herein. The Genealogy furnished by the learned counsel appearing for the revision petitioner is not disputed by the learned Senior Counsel appearing for the respondent.