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Madras High CourtA/1039/2022allowed with costs

Guru Dhananjay, v. Mrs. Swarna Krishnaswamy, And 6 Others

2022-03-15Honourable Mr Justice P. Velmurugan3 pages

A.Nos.1039 and 1040 of 2022 in C.S.No.435 of 2018 P.VELMURUGAN, J.

The application in A.No.1039 of 2022 has been filed to summon the production of all records and documents relating to issue of Patta/Town Survey Land Register Extract pertaining to the suit schedule ''A'' property from the office of the Tahsildar, Mylapore, Chennai in C.S.No.435 of 2018.

2.The application in A.No.1040 of 2022 to summon the production of all records and documents relating to Plan permission Number PPA/WDC10/13320/2008 and Plan Permission Number PPA/WDC10/02875/2011 pertaining to the Suit Schedule ''A'' property from the Corporation of Chennai in C.S.No.435 of 2018.

3. Heard the learned counsel for the applicant, the learned counsel for the respondents 1 to 5 and the learned counsel for the 7th respondent and also perused the materials available on record. Page No.1/3

4. In the suit, trial already commenced and the plaintiff's side evidence was also closed. However, the applicant/2nd defendant has not filed these application even at the time of filing written statement or framing issues or trial. After completion of the plaintiff's side evidence, when the matter was posted for recording the evidence on the side of the defendants, the applicant/2nd defendant has come forward with the present applications.

5.The applicant has moved these applications belatedly, however, in the interest of justice and in order to give opportunity to the parties, this Court is inclined to allow these applications subject to the payment of costs of Rs.2,50,000/- (Rupees Two lakhs fifty thousand only). The applicant is directed to deposit the costs of Rs.2,50,000/- to the credit of C.S.No.435 of 2018 before the Registry on or before 06.04.2022. 6.Post the matter on 07.04.2022 ''for reporting compliance''. 15.03.2022 ms Page No.2/3

P.VELMURUGAN, J.

ms A.Nos.1039 and 1040 of 2022 in C.S.No.435 of 2018 15.03.2022 Page No.3/3