Senthur Pandian Nadar v. Jeypandia Nadar (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twelfth day of October Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ IN SA No.1619 of 2000 1 SENTHUR PANDIAN NADAR 2 P.SUBRAMANIA NADAR (DIED) 3 P.PALAVESAMUTHA NADAR 4 P.SHANMUGAVEL NADAR (DIED) 5 ESAKKIAMMAL (DIED) 6 T.MOOKKAMMAL 7 T.SELVAM 8 THAMARAIKANI 9 ANNAKILI 10 CHELLATHAI 11 NAGARAJAN 12 S.KRISHNAN 13 CHENTUR KANI 14 SELVAM 15 PATHRAKALI 16 MUTHUMALI ... PETITIONERS 1 to 16/ APPELLANTS 1 TO 7,8,10 to 18 17 PALDURAI 18 THANGARASI 19 RAMAR 20 LAKSHMANAN 21 RAJIV GANDHI 22 KAVITHA ... PETITIONERS 17 to 22/LR's OF 2nd APPELLANT/ PROPOSED APPELLANT 19 to 25 Vs JEYPANDIA NADAR (DIED) 1 R.CHELLAKANI 2 R.PONMADASAMY 3 J.MANI 4 J.SEMBULINGAM ... RESPONDENTS 1 to 4/RESPONDENTS 2 to 5 5 T.PANNEER 6 THARASINGH (DIED) ... RESPONDENTS 5 to 6/APPELLANTS 8 & 9 1/3
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to return the original sale deed dated 08.12.1919 marked as Ex-A1 in the suit in O.S.No.247/1984 before the Principal District Munsif Court, Tuticorin by substituting the certified copy already marked along with the original.
PRAYER IN SA No.1619 of 2000:
To prefer this memorandum of Second appeal against the Judgment and Decree in A.S.No.38 of 1989 on the file of the Sub-Court, Tuticorin, dated 24.2.1992 confirming the Judgment and Decree in O.S.No.247 of 1984 on the file of the Principal District Munsif, Tuticorin dated 4.1.89.
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.H.ARUMUGAM, Advocate for the petitioners and of MR.K.SREEKUMARAN NAIR, Advocate on behalf of the Respondents 2 to 5, the court made the following order:- The present petition has been filed seeking to return the original sale deed dated 08.12.1919, marked as Ex.A.1 in the suit in O.S.No.247 of 1984 before the Principal District Munsif Court, Tuticorin, by substituting the certified copy already marked along with the original.
2. The learned counsel for the respondents 2 to 5 would submit that there is no difference between the certified copy and the original.
3. The learned counsel for the petitioner requests to return the original sale deed for the purpose of filing it before the Court below in a suit for partition.
4. In view of the above, this petition is ordered and the Registry is directed to return the original sale deed dated 08.12.1919, marked as Ex.A.1 in the suit in O.S.No.247 of 1984 before the Principal District Munsif Court, Tuticorin, after substituting the same with a certified copy.
5. Post the Second Appeal for hearing on 23.11.2020. sd/- 12/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE SUBORDINATE JUDGE, TUTICORIN.
2 THE PRINCIPAL DISTRICT MUNSIF, TUTICORIN.
COPY TO:
THE SECTION OFFICER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.H.ARUMUGAM, Advocate SR.No.6946
ORDER
IN IN SA No.1619 of 2000 Date :12/10/2020 SML JM/PN/SAR III/14.10.2020/3P/5C 3/3