P.Sakthivel v. Ramasamy

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.

2. The learned counsel for the revision petitioners contend that they 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 https://www.mhc.tn.gov.in/judis

C.M.P.No.14802 of 2023 and C.R.P.SR.No.72364 of 2023 T.V.THAMILSELVI, J.

4. Perused the sale deed dated 13.11.2009 and as per the sale deed, 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 https://www.mhc.tn.gov.in/judis