In an application for leave to file a Civil Revision Petition challenging an ex parte decree obtained in an execution proceeding, this court observed that the revision petitioners purchased the property in the registered sale deed and granted leave based on a prima facie case of ownership.
Leave granted to file the Civil Revision Petition (C.R.P.SR.No.72364 of 2023).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.No.14802 of 2023 and C.R.P.SR.No.72364 of 2023
C.M.P.No.14802 of 2023 and C.R.P.SR.No.72364 of 2023
T.V.THAMILSELVI, J.
This petition is filed to grant leave to the petitioners to file the above Civil Revision Petition.
are the absolute owner of the property as per the purchase made in the year 2009, but behind their back, the respondents / decree holders filed the suit in O.S.No.340 of 2015 and obtained ex parte decree. Based on that now E.P.No.7 of 2019 has been initiated and a Sale deed was executed through Court of law by abusing the process. Hence, he wants to raise his objections. The learned counsel for the revision petitioners contend that through the sale deed dated 13.11.2009, the revision petitioners become the absolute owner of the suit property and without their knowledge, the entire suit proceeding has been initiated in a fraudulent manner.
1\2
C.M.P.No.14802 of 2023 and C.R.P.SR.No.72364 of 2023
T.V.THAMILSELVI, J.
the revision petitioners purchased the property in S.No.139/1 bearing Patta No.649. Considering the description of the property in the present suit, the suit property also bears patta No.649 S.No.131/9, hence, the revision petitioners have made out a prima facie case. Therefore, leave is granted.
01.12.2023
AT
Note: Registry is directed to number the CRP, if it is otherwise in order and list the matter on 12.12.2023.
C.M.P.No.14802 of 2023 and C.R.P.SR.No.72364 of 2023
2\2
2 issues framed by the court
Whether leave to file the Civil Revision Petition challenging an ex parte decree in an execution proceeding should be granted.
Whether the revision petitioners established a prima facie case of ownership over the suit property.
Revision Petitioners (Petitioners in C.M.P. and C.R.P.)
Respondents/Decree Holders
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
