MUTHUKUMARAN Vs. PALANIVEL
LAWS(MAD)-2020-9-879
HIGH COURT OF MADRAS
Decided on September 04,2020

MUTHUKUMARAN Appellant
VERSUS
PALANIVEL Respondents

JUDGEMENT

P.Velmurugan,J. - (1.) This Civil Revision Petition has been filed against the order dated 22.11.2011 passed in E.A. No. 386/2008 in E.P. No. 191 of 2008 in O.S. No. 393/2005 on the file of learned District Munsif, Panruti.
(2.) The petitioners herein are the petitioners in E.A. No. 386 of 2008 in E.P. No. 191 of 2008 in O.S. No. 393 of 2005 and the respondents herein are also the respondents in the said E.A. No. 386 of 2008.
(3.) Originally the respondents 4 to 7 herein filed a suit in O.S. No. 393 of 2005 against the respondents 1 to 3 herein on the file of learned District Munsif, Panruti for partition. The said suit was decreed on 27.06.2006 and subsequently the respondents 4 to 7 filed final decree application and the said application was allowed and the final decree order was passed on 05.08.2008. Thereafter, the respondents 4 to 7 herein filed Execution Petition in E.P. No. 191 of 2008 for executing the final decree before the learned District Munsif, Panruti. During the pendency of the said Execution Petition, the petitioners herein who are third parties and not the parties in the said suit, filed application in E.A. No. 386 of 2008 under Section 47 of the Civil Procedure Code on the file of learned District Munsif, Panruti seeking to enquire into the matter and determine the title of the petitioners and adjudicate upon the claim and allow the application with cost. In the said application, though the respondents 4 to 7 have not filed any counter, the learned District Munsif after recording the evidence of the petitioners and documents filed by the petitioners, dismissed the said application on 22.11.2011. Challenging the said order, the petitioners are before this Court.;


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