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Madras High CourtCMP/1914/2018allowed

Kumaresan v. K.S.Ramasamy

2021-09-15Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT THE HON`BLE MS.JUSTICE P.T.ASHA CMP No.1914 of 2018 IN AS.NO.394 of 2011 1 KUMARESAN [ PETITIONERS ] 2 DR. AMSAVENI W/O JAGANATHAN 3 CHANDRASEKARAN S/O K.P.SUBRAMANIAM 4 RADHA WIFE OF BALAKRISHNAN 5 BALASARASWATHI (APPELLANTS 2 AND 3 ARE REPRESENTED BY THEIR POWER OF ATTORNEY RADHA 4TH APPELLANT) APPELLANTS 1 TO 5 RESIDING AT ANBU ILLAM, 4, ANANDA NAGAR, P.N.PUDUR POST, COIMBATORE 641041 Vs 1 K.S.RAMASAMY [ RESPONDENTS ] 2 SRI RAMAKRISHNA EDUCATIONAL TRUST REPRESENTED BY ITS SECRETARY AND CORRESPONDENT G.PARTHIBAN, 3, K.K.SUBBANNAN STREET, GUGALOOR, GOBICHETTIPALAYAM TALUK 3 SWEDHA 4 SATHISH 5 K.V.BALAGANDARAN (DIED) 6 LAKSHMI (SINCE DECEASED)

7 MRS.MANONMANI, NO.164, 1ST FLOOR, SIRUDHUR GARDEN APARTMENT, KILPARK GARDEN COLONY, CHENNAI-600 010.

R7 BROUGH AN RECORD AS LR OF THE DESEASED R5. VIDE ORDER OF COURT DATED 03/02/2020 MADE IN CMP.NO.22938/2019 IN AS.394/11 (SMSJ) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order return of the documents Ex.B-1 Heirship Certificate dated 10.08.1999 marked as exhibit in OS 3/2005 Additional District court (FTCII), Gobichettipalayam to the petitioners (IN CMP.NO.1914/2018) pending disposal of the above AS.NO.394/2011.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/.S.RANK ASSOCIATES, Advocate for the petitioners and of M/S.A.V.ARUN, Advocate for the 3,4 and 7 Respondents, the court made the following order:- The above application has been filed to order return of the documents Ex.B1 Legal Heirship Certificate dated 10.08.1999 as exhibit in O.S.No.3 of 2005 Additional District Court (FTCII), Gobichettiapalayam to the petitioners pending disposal of the first appeal.

2.The respondents 3, 4 and 7 have entered appearance through learned counsel and have no objection to the petition being ordered. 3.Accordingly this petition is ordered, directing to return of original Ex.B1/Legal Heirship Certificate on the petitioners providing certified copy to substitute the same. 4.Despite Order of this Court dated 17.04.2021, the Registry is still continuing to print the name of Kaithamalaikumaran and the same may be deleted in the cause list.

5.Post the matter on 04.10.2021.

-sd/- 15/09/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL DISTRICT JUDGE CUM FAST TRACK COURT NO.2 GOBICHETTIPALAYAM.

COPY TO 2 THE SECTION OFFICER, VR SECTION, HIGH COURT, MADRAS.

Order in CMP No.1914 of 2018 IN AS.NO.394 of 2011 Date :15/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP (07/10/2021)