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Madras High CourtCMP/19011/2019allowed

Fatima Bee v. Mohamed Ali

2019-11-12Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of November Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE ABDUL QUDDHOSE CMP.No.19011 of 2019 IN SA.1256 of 2012 1 FATIMA BEE (DIED) [ PETITIONER ] 2 MR. K. DURAB ALI S/O LATE KAMALUDEEN AT NO.10 3RD ST POLUR ROAD TIRUVANNAMALAI Vs MOHAMED ALI [ RESPONDENT ] S/O LATE KAMALUDEEN AT NO.10 3RD ST POLUR ROAD TIRUVANNAMALAI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of return of original document marked as exhibit 14 in O.S.No.494 of 2004 in A.S.NO.21 OF 2007 IN S.A.No.1256 of 2012 to the 2nd petitioner (in CMP.No.19011/2019) in SA.No.

1256/2012 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.K. ASEENA MS, Advocate for the petitioner and of Mr. G. RAJAN, ADVOCATE on behalf of the Respondent the court made the following order:- The second respondent in the Second Appeal has filed this petition seeking for return of the original document marked as Ex.B14 in O.S. No.494 of 2004 on the file of the Additional District Munsif Court, Tiruvannamalai.

2. As seen from the affidavit, it is stated that the petitioner requires the original document for revenue verification. The petitioner has also given an undertaking that he is ready to comply with all the necessary formalities, as per the rules and directions of this Court for return of the aforesaid original document. The https://hcservices.ecourts.gov.in/hcservices/

petitioner has also furnished the certified copy of the document along with this petition.

3. The learned counsel for the respondent has also not filed any counter to the instant petition, despite sufficient time having been already granted. The learned counsel for the respondent has also not raised any serious objection for allowing this petition.

4. Having regard to the reasons stated in the affidavit filed in support of this petition and this Court being satisfied with the same, this CMP is allowed as prayed for.

5. Registry is directed to return the original document (Ex.B14) filed in O.S. No.494 of 2004 on the file of the Additional District Munsif Court, Tiruvannamalai, after verifying the certified copy of the said document, which has been produced by the petitioner along with the instant petition.

Post the Second Appeal for hearing on 25.11.2019. -sd/- 12/11/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL DISTRICT MUNSIF AT TIRUVANNAMALAI 2 THE PRINCIPAL SUBORDINATE JUDGE AT TIRUVANNAMALAI THE SECTION OFFICER V R SECTION, HIGH COURT, CHENNAI-104.

C.C. to M/S.K. ASEENA MS Advocate S.R.13389 Order in CMP.19011/2019 in SA.1256/2012 Date :12/11/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SM/15/11/2019 (IT) https://hcservices.ecourts.gov.in/hcservices/