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Madras High CourtA/102/2024ordered

Asoka Betelnut Company Pvt Ltd v. M.C.Sowmyaram And 8 Others

2024-04-12Honourable Mr Justice P.B. Balaji3 pages

A.No.102 of 2024 in C.S.No.27 of 1989 P.B.BALAJI, J., This application has been moved by the 4th defendant seeking return of the original document, registered as Document No.3803 of 1978 dated 22.11.1978, on substituting the original document with the certified copy of the said document to enable the 4th defendant to register the rental agreement/Lease Deed in respect of shops owned in Ashoka Plaza, Coimbatore.

2.I have gone through the affidavit filed in support of the application.

3.Though a counter affidavit filed where the apprehension is only that the matter has been prolonged by the defendants, I do not find any serious objection with regard to permitting the applicant/4th defendant to substitute the original Sale Deed with the certified copy and get return of the original.

4.The applicant has also undertaken in the affidavit that he would not alienate the suit property and the applicant has also stated that the return of document is not for the purpose of sale for mortgage of the property and

he also undertakes to produce the original document as and when required by the Court. Hence, I am inclined to accept the averments set out in the affidavit filed in support of the application. Accordingly, this application is allowed as prayed for.

12.04.2024 (1/3) ata P.B.BALAJI, J.

ata A.No.102 of 2024 in C.S.No.27 of 1989 12.04.2024 (1/3)