Mahmood Authad v. R.Kasiammal And 5 Others

A.No. 3896 of 2022 IN C.S.No. 376 of 2021 C.V.KARTHIKEYAN, J.

Heard the learned counsel for the applicant/plaintiff Mr.T.Sundar Rajan, and also Mr.S.Gunaseelan, learned counsel for the fifth and sixth respondents.

2. This application has been filed seeking return of suit Document No.3 dated 12.11.1999, which is sale deed bearing Document No. 7492 of 1999 and the suit Document No. 5 dated 14.03.2001 which is an extract from the Town Survey Land Register C.A.No. 305 of 2011. Both the documents are original documents.

3. the suit had been instituted seeking specific performance with respect to two separate properties described as Schedule-I and Schedule -II to the plaint. The aforementioned two documents, namely suit schedule documents 3 and 5 relate to the property described in Schedule - II. The said property measures 3605 sq.ft., in patta C.A.No. 305 of 2001 at Thendral Nagar, 7th Street, Selavoyal, Chennai - 600 118 in O.S.No. 70/6 and T.S.No. 104/3. Specific boundaries are given in the schedule to the plaint.

4. It is stated that the plaintiff and the fifth and sixth

defendants had entered into a compromise with respect to the said property and that the fifth and sixth defendants would execute a sale deed in favour of the plaintiff. A Joint memo had also been filed by the fifth and sixth defendants and also by the plaintiff which is signed by all the necessary parties and also signed by both the counsels.

5. In view of the same, since the said document Nos. 3 and 5 as stated above is no longer required, on proper undertaking, the same may be returned to the learned counsel for the plaintiff. The plaintiff may also file an affidavit that he would produce the same whenever required and if ever required by the Court. The learned counsel for the plaintiff may also substitute the documents by attested xerox copies to be presented as a record of the Court.

6. With the above observation, this Application stands allowed.

07.09.2022 Index:Yes/No Internet :Yes/No vsg C.V.KARTHIKEYAN, J.

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A.No. 3896 of 2022 IN C.S.No. 376 of 2021 07.09.2022