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Madras High CourtCMP/3112/2016allowed

Rani, v.

2016-03-09Honourable Mr Justice T.Mathivanan2 pages

C.M.P.No.3112 of 2016 in SA.No.414 of 2009 T.MATHIVANAN,J.

This petition in CMP.No.3112 of 2016 is filed to return the documents viz., Exhibits A1 to A11 marked in O.S.No.135 of 2005 on the file of the District Munsif Court, Tiruvannamalai.

2. Heard M/s.S.P.Arthi, learned counsel for the petitioner and Mr.S.Vediappan, learned counsel for the respondent, who is the appellant in the Second Appeal.

3. On a perusal of the documents, it reveals that on 22.09.2015, the Second Appeal No.414 of 2009 was dismissed for non-prosecution. In pursuant to the order of the dismissal of the Second Appeal, the petitioner/respondent therein, has come forward with this petition to return the documents as aforestated. For which, Mr.Vediappan, learned counsel for the respondent has no objection and he submits that the appellant in the Second Appeal Mr.Ramachandran is the brother of the petitioner Rani and he has also submitted that there is a possibility for settlement between the parties to the Second Appeal as they happen to be brother and sister. However as aforestated, he has no objection for the return of the documents.

T.MATHIVANAN, J., nvi

4. Hence, the Registry is directed to return the documents Exhibits A1 to A11 which were marked before the Trial Court in O.S.No.135 of 2005 on the file of the District Munsif Court, Tiruvannamalai.

5. Accordingly, the petition is allowed.

09.03.2016 nvi C.M.P.No.3112 of 2016 in SA.No.414 of 2009