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Madras High CourtCMP(MD)/2297/2023dismissed

1. Venkata Vijayan (Died), 2. Amutha Vijayan, v. Ilangovan,

2023-06-20Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.2297 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.2297 of 2023 and SA(MD)No.713 of 2008 1.VENKATA VIJAYAN (DIED) 2 AMUTHA VIJAYAN 3 GANESH KANNA 4 GOWRI SARAVANAN ... PETITIONERS/APPELLANTS Vs ILANGOVAN ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order substituting the certified copy of the sale deed dated 31/05/1985 registered as Document No.764 of 1985 (Exhibit B1) and returning the original to the petitioners and thus render justice.

PRAYER IN SA(MD)No.713 of 2008:

To set aside the judgment and decree dated 25.04.2008 passed in A.S.No.157 of 2005 on the file of Principal Sub Court, Dindigul, reversing the Judgment and decree dated 30.03.2005 passed in O.S.No.261 of 2003 on the file of Principal District Munsif Court, Dindigul, and to allow the present Second Appeal. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.R.JEYAPALAM, Advocate for the petitioner, the court made the following order:- Due to non-cooperation of the parties, this appeal is pending from the year 2008. This Court has called for original documents from the trial Court for verification. This Court is inclined to take up the main appeal itself for disposal and not inclined to https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.2297 of 2023 return the original documents at the Second Appeal stage. Accordingly, this petition is dismissed.

sd/- 20/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO 1.THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL. 2.THE PRINCIPAL DISTRICT MUNSIF, DINDIGUL.

+1 CC to M/s.R.SUNDAR, Advocate ( SR-9223[I] dated 21/06/2023 )

ORDER

IN CMP(MD) No.2297 of 2023 and SA(MD)No.713 of 2008 Date :20/06/2023 RK/BUC/SAR- (26/06/2023) 3P/4C https://www.mhc.tn.gov.in/judis 2/2