A.D.Balan v. N.Shenbagavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2019 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ A.D.Balan ... Petitioner Vs.

1.N.Shenbagavalli 2.Maragathaavalli 3.Ponnammal 4.Ruckmaniammal 5.Dhanalakshmi 6.Vijayalakshmi 7.S.Dhandapani 8.Leelavathi 9.Sakthivadivel 10.S.Rathina Kumar 11.Rani 12.Kamalam 13.C.K.Ganesan 14.V.Murugesan 15.C.K.Mr.C.K.Ayyappan 16.C.Chandran 17.P.S.Natarajan 18.K.Manickam Chettiyar 19.S.A.Sivasamy Chettiyar 20.Dhanalakshmi 21.Leela 22.Veerammal 23.Nagammal 24.Saraswathi 1/4

25.Chandrothayam 26.Anitharani 27.Preethi 28.Nagammal 29.Karthick Kumar 30.Leelavathi 31.Dhanapskiyam 32.Gandhi 33.Rajagopal 34.M.Srinivasan 35.Venugopal 36.Murugesh 37.Rathinam 38.Maragatham 39.Kalamani 40.Chitra 41.Shanthi ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to direct the II Additional Subordinate Court, Coimbatore, to number E.A.No. (Unnumbered) of 2019 in E.P.NO.132 of 2013 in O.S.No.70 of 1982 filed on 16.07.2019. For Petitioner :

Mr.D.Srinivasan for Mr.K.S.Karthik Raja

O R D E R

The petitioner filed an Obstruction Petition under Order 21 Rule 97 read with Section 151 CPC before the Second Additional Subordinate Court, Coimbatore. The said petition was returned with an endorsement that "the entire case records sent to Hon'ble High Court Madras. Hence now this petition is returned".

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2. The fact that when the bundle sent to the High Court is going to be returned by the High Court to the Execution Court may not come to the knowledge of the petitioner. He is also not entitled to any notice in respect of the same. Normally, back up records (basic records) shall be available before the trial court for the purpose of reference apart from entries in the suit and other registers. If the above records are not available, it is the duty of the Court to put up the petition in the main bundle as and when it is received. Therefore, the learned Second Additional Subordinate Judge, Coimbatore is directed to receive the petition and keep it pending till entire bundles are returned by the High Court and number the petition, after receipt of the bundles.

3. The Civil Revision Petition is disposed of with the above direction. No costs.

4. Registry is directed to return the original papers to the petitioner enabling him to represent it before the concerned Court. 21.08.2019 Index : Yes/No Internet : Yes/No TK 3/4

M.GOVINDARAJ, J.

TK To The Second Additional Subordinate Judge Coimbatore.

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