LAWS(MAD)-2015-9-309

A T KALYANI Vs. L MUTHIAH

Decided On September 29, 2015
A T Kalyani Appellant
V/S
L Muthiah Respondents

JUDGEMENT

(1.) The revision petitioner filed EA.Sr.No.35043 of 2015 in E.P.No.1896 of 2001 under Section 47 of CPC before the X Assistant Judge, City Civil Court alleging that the decree passed in O.S.No.237 of 1985 is not executable. By an order dated 06.08.2015, the said petition was dismissed. This Civil Revision Petition is against the aforesaid order, dated 06.08.2015.

(2.) Heard both sides.

(3.) The revision petitioner is the wife of Late A.T.Mani Nadar, who is the second defendant in O.S.No.237 of 1985 on the file of VII Assistant Judge, City Civil Court, Chennai. The said suit in O.S.No.237 of 1985 was filed directing the defendants therein to vacate and hand over vacant possession of the store room premises at Door No.35 V.O.C.Nagar, Anna Nagar, Madras - 102. One Desika Singh Nadar was the first defendant in the said suit in O.S.No.237 of 1985. The suit was decreed by the Trial Court on 18.02.1988. 3. While the husband of the revision petitioner filed A.S.No.186 of 1989 before the Appellate Court, the first defendant therein filed A.S.No.88 of 1989. Both the appeals were heard together and dismissed by the IX Additional Judge, City Civil Court on 11.01.1990.