Madras High CourtCMP(MD)/1374/2025allowed

M.Ramasamy v. P.Pattamuthu,

2025-03-07Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-03-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN SA(MD) NO. 766 of 2013 M.Ramasamy S/o.Mariappan Nadar, Arunachalapuram Village, Ariangyagipuram Post, Sankarankovil Taluk, Tirunelveli District.

Petitioner(s) Vs P.Pattamuthu, S/o.Pattamuthu, Main Road, Arianayagipuram Post, Arunachalapuram Village, Sankarankovil Taluk, Tirunelveli District. and 8 Others Respondent(s) For Petitioner(s):

Mr.F.X.Eugene For Respondent(s):

Mr.R.T.Arivu Kumar for R1 to R9

ORDER

This Civil Miscellaneous Petition has been filed to return the documents, which were marked as Ex.X1 series on the side of the plaintiff in the joint trial in O.S.No.7 of 2009 on the file of the Additional District Munsif Court, Sankarankovil, to the petitioner/Mr.M.Ramasamy.

2. Heard the learned counsel appearing on either side, and I have perused the affidavit filed in support of this petition.

3. The learned counsel for the respondents has not raised any objection to allow 1/3

this petition.

4. The petitioner has filed an undertaking affidavit as well as the certified copy of Ex.X1 series.

5. The present Secretary of Sankarankovil Co-op Primary Agriculture and Rural Development Bank Limited, Sankarankovil has also filed a notarized third party affidavit stating that he has no objection to return the aforesaid documents to the petitioner/M.Ramasamy, since the petitioner has already discharged the entire loan amount.

6. Considering the facts and circumstances of the case, and being satisfied with the reasons stated in the affidavit, this Court is inclined to allow this petition.

7. Accordingly, this Civil Miscellaneous Petition is allowed. Registry is directed to return the Ex.X1 series to the petitioner after substituting it with certified copies of the same on proper acknowledgment. However, the petitioner shall produce the aforesaid documents whenever specifically ordered by this Court. sd/- 07/03/2025 / TRUE COPY / 07/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE ADDITIONAL DISTRICT MUNSIF, SANKARANKOVIL.

COPY TO THE SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.F.X.EUGENE, Advocate ( SR-2506[I] dated 07/03/2025 )

ORDER

IN IN SA(MD) NO. 766 of 2013 Date :07/03/2025 RS/IT/SAR-(07.03.2025) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3