Anbarasu v. Amutha
Case brief
What is this about?
This civil revision petition challenged an order dismissing an application to reopen execution proceedings. The High Court held the executing court acted correctly and dismissed the revision petition.
What did the court decide?
No order as to costs; connected miscellaneous petition closed.
What the court decided
CRP (MD) No.1363 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Orders Reserved On 13.09.2023 Orders Pronounced On 13.12.2023
CORAM:
THE HON'BLE MRS JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P.(MD).No.1363 of 2022 and C.M.P.(MD).No.5662 of 2022
Anbarasu
...petitioner
Versus
Amutha
...respondent
Prayer : This Civil Revision Petition has been filed under Section 115 of Civil Procedure Code, 1908 against the fair and decreetal order dated 09.02.2022 and E.A.No.04 of 2021 in E.P.No.21 of 2017 in O.S.No.26 of 2007 on the file of the Principal Subordinate Court, Tenkasi.
Issues for consideration
2 issues framed by the court
Whether the executing court committed any infirmity or irregularity in dismissing the revision petitioner's application to file counter in the execution petition for delivery of possession.
Whether the decision to dismiss the applications and order delivery of possession is perverse given the petitioner's contention of fraudulent gift deed.
Parties & counsel
- petitioner
Anbarasu
- respondent
Amutha
Coram
K.Govindarajan Thilakavadi
Case details
As recorded by the court registry
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