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Unknown vs G.Vasantha

36. This Court has elaborately considered the issue in the appeal and rejected the contention, and the petitioners cannot be permitted to raise the same issue once again in the review application. The judgment relied upon by the learned senior counsel for the petitioner in Ahamed Meera Sahib Vs. Mohammed Mohideen Maracayar reported in 1976 (89) LW 356 is also not factually applicable to the present case.

Smt. Jatna Sinha vs Sri Kajal Mani Sinha on 26 September, 2024

Situated thus, there is no bar in filing a petition under section 47 CPC in the status of the decree holder and moreover in the case of AV Mohamed Ali Sahib versus Naina Mohammed Maracair (1981)12 MAD CK 0052, it was held that ....." a question relating to execution, discharge, satisfaction of a decree may be raised by the decree holder or by the JD in the execution department and the pendency of an application for execution by the decree holder is not a condition precedent fair the exercise of the Court's power under section 47 CPC."
Tripura High Court Cites 5 - Cited by 0 - Full Document
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