The Single Judge dismissed a Civil Revision Petition challenging an execution order, holding that a tenant in possession cannot dispute the identity of the property identified with the help of a Government Surveyor.
The Civil Revision Petition was dismissed. No costs.
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.R.P.No.1582 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.09.2023
CORAM
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
C.R.P.No.1582 of 2013
K.Ekambaram ...Petitioner
Vs.
G.Gandhimathi ...Respondent
Prayer: Petition filed under Article 227 of the Constitution of India to set aside the impugned order in E.A.No.940 of 2013 in E.P.No.4411 of 2011 in O.S.NO.1208 of 1996 passed on 28.02.2013 on the file of the learned Judge in IX Assistant City City Court, Chennai.
For Petitioner : Mr.G.Thangavel
For Respondent : Mrs.R.K.Sekina Reshma
ORDER
This Civil Revision Petition arises against the order passed in E.A.No.940 of 2013. This E.A.No.940 of 2013 is consequent to the order
passed in E.A.No.853 of 2013.
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C.R.P.No.1582 of 2013
order passed in E.A.No.853 of 2013. The Executing Court had rightly recorded that the delivery have been taken and before taking delivery, the property has been identified with the help of the Government Surveyor. More over the petitioner claimed to be a tenant of the property and the tenant cannot dispute the identity of the property, in which he is in possession.
same is dismissed. No costs.
21.09.2023
nl Index : Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No
C.R.P.No.1582 of 2013
To
The IX Assistant City City Court, Chennai.
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C.R.P.No.1582 of 2013
V. LAKSHMINARAYANAN, J,
nl
C.R.P.No.1582 of 2013
21.09.2023
1 issue framed by the court
Whether the High Court should permit the tenant to dispute the identity of the property which he is already in possession of.
1 provisions across 1 enactments
K. Ekambaram
G. Gandhimathi
V. Lakshminarayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
