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Madras High CourtCMP/13240/2020allowed

Muthuvel Gounder, v. Asalammal

2021-08-18Honourable Mr Justice Abdul Quddhose3 pages

CMP.Nos.13240 of 2020 in S.A.No.90 of 2005 ABDUL QUDDHOSE, J.

CMP.No.13240 of 2020 has been filed to return the original of the following documents namely (a) FMB plan for certificate No.160, (b) the original Sale Deed dated 19.05.1971, (c) the Patta in the name of Kannammal and Ramachandran and (d) the Sale Deed dated 02.06.1986 executed by Valliammai and others to Periasamy Gounder and others, marked as exhibits X1 to X4 respectively in O.S.No.405 of 1990 on the file of the Principal District Munsif Court, Vridhachalam by substituting the certified copies of Ex.X1 to Ex.X4 issued by the Registry of this Court.

2. It is the case of the Appellant that the aforementioned documents are third party documents and are required by the respective third parties urgently. They have also substituted the certified copies of the documents which were marked as Ex.X1 to Ex.X4 before the trial court along with this petition.

3. The contesting respondents have been duly served in the main second appeal and their names have also been printed in the cause list today and they remained unre-presented. Respondents 6 to 8 in this petition are only formal parties and they are represented by Dr.S.Suriya, learned Government Advocate.

4. This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. No prejudice will be caused to the respondents, if this application is allowed. Accordingly, this civil miscellaneous petition is allowed as prayed for.

5. Registry is directed to hand over the originals of the aforementioned documents which were marked as Ex.X1 to Ex.X4 before the Trial court after substituting the same with certified copies.

6. Post the second appeal for hearing on 09.09.2021. 18.08.2021 nl

ABDUL QUDDHOSE, J.

nl CMP.Nos.13240 of 2020 in S.A.No.90 of 2005 18.08.2021