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Madras High CourtCMA/553/2017dismissed

T.Immanuel Coke, v. Rajkumari

2021-03-31Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.A. No.553 of 2017 and C.M.P.No.3351 of 2017 T.V.THAMILSELVI,J.

The matter is listed today under the caption "for being mentioned". 2.The learned counsel appearing for the appellants would submits that the appellants went back to get back the original marked documents which were filed along with the original petition in O.P.No.1 of 2012 on the file of the Principal District Court, Vellore, as mentioned in the petition schedule.

3. But the said Court has not returned the original marked documents as there was no observation in the order passed by this Court dated 31.03.2021 in CMA No.553 of 2017 to that effect.

4. In view of the above submission, the following paragraph is to be added as paragraph No.8 in the aforesaid order. https://www.mhc.tn.gov.in/judis 1/2

T.V.THAMILSELVI,J.

Ksa-2

8. Since, the original petition was dismissed as not maintainable in law, the appellants are advised for appropriate proceedings, for which they are entitled to get back the original marked documents from the Court where they filed probate O.P. Hence, the learned Principal District Judge, Vellore, is directed to return the original marked documents to the appellants on filing of appropriate petition as per law.

5. Registry is directed to carry out necessary corrections and issue a fresh order copy.

18.11.2021 ksa-2 C.M.A.No.553 of 2017 and C.M.P.No.3351 of 2017 https://www.mhc.tn.gov.in/judis 2/2