LAWS(MAD)-2019-11-296

KUPPAN Vs. SAMBAN

Decided On November 11, 2019
KUPPAN Appellant
V/S
Samban Respondents

JUDGEMENT

(1.) Challenging the Judgment and Decree passed in C.M.A.No.6 of 2011 on the file of the Subordinate Court, Tiruppattur, Vellore District, confirming the order passed in E.A.No.187 of 2004 in E.P.No.94 of 2003 in O.S.No.112 of 2012 on the file of the Tiruppattur District Musnif Court, Tiruppattur, the Judgment Debtor has filed the above Civil Revision Petition.

(2.) The respondent-plaintiff filed the suit in O.S.No.112 of 2012 for declaration, permanent injunction and for mandatory injunction. The suit was decreed on 27.03.2003.

(3.) Pursuant to the decree passed in O.S.No.112 of 2012, the respondent filed an Execution Petition in R.E.P.No.94 of 2003. In the said Execution Petition, the Judgment Debtor-defendant field an application in R.E.A.No.187 of 2004 under Order XXI Rule 97 of Civil Procedure Code contending that the Decree Holder has no right or title over the suit property.