S.Sekar v. V.Shanmughasundaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of February Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.1176 of 2016 IN AS(MD) No.SR47302 of 2014 S.SEKAR ... PETITIONER/APPELLANT Vs 1 V.SHANMUGHASUNDARAM 2 P.SUBBARAYAN 3 RAJADURAI 4 M.R.K.SIVA ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to the original papers relating to the common judgment in OS.No.3/2010 and OS.No.32/2012 received by this Honourable Court in connection with AS.No.34/2015 are retransmitted to the Principal District Judge, Karur with a direction to return them after duly correcting the date as 31.01.2014 instead of 30.01.

2014 in the front page of the common judgment at an early date. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.DORAISAMI, Senior Counsel for the petitioner the court made the following order:- This Miscellaneous Petition is filed to the original papers relating to the common Judgment in O.S.No.3 of 2010 and O.S.No.32 of 2012, received by this Court in connection with A.S.No.34 of 2015 are retransmitted to the learned Principal District Judge, Karur, with a direction to return them after duly correcting the date as 31.01.2014 instead of 30.01.2014 in the front page of the common judgment at an early date in A.S(MD).SR.No.47302 of 2014.

2. The petitioner has filed the above appeal against the judgment https://hcservices.ecourts.gov.in/hcservices/ and Decree passed in O.S.No.32 of 2012, on the file of the Principal

District Judge, Karur. The Registry has returned the papers stating that in the front page of the judgment the date is given as 30.01.2014 and in the last paragraph of the judgment the date is given as 31.01.2014. When the petitioner approached the learned Principal District Judge, Karur, for correcting the date he was informed that the original papers have been forwarded to this Court in connection with a connected appeal in A.S.No.34 of 2015 preferred against O.S.No.3 of 2010, on the file of Principal District Court, Karur since both suits were disposed of by common judgment.

3. Heard Mr.K.Doraisami, learned Senior Counsel appearing for the petitioner.

4. It is seen from the records that a mistake has crept in with regard to date in certified copy of common Judgment. This has to be corrected by the learned Principal District Judge, Karur. In the circumstances, the Registry is directed to retransmit all the original records received in connection with A.S.No.34 of 2015 to the Principal District Court, Karur, within 7 days from the date of receipt of this order and thereafter, the learned Principal District Judge, Karur is directed to carry out the necessary amendment and return the entire original records within a period of two weeks, to this Court in connection with A.S.No.34 of 2015.

5. Accordingly, the CMP is ordered.

Sd/- 08/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, KARUR +1. C.C. to M/S. MUTHUMANI DORAISAMI Advocate SR.No.7708

ORDER

IN CMP(MD) No.1176 of 2016 IN AS(MD) No.SR47302 of 2014 Date :08/02/2016 AM/10.02.2016/NGM.SS/SAR-I/2P/3C https://hcservices.ecourts.gov.in/hcservices/