Madras High CourtCRP(MD)/420/2021disposed of

K.John Jeevaraj, v. R.Saroja,

2022-03-07Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.420 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No. 420 of 2021 and CMP(MD).No.2302 of 2021 1.K. John Jeevaraj 2.Eban .. Petitioners Vs.

1.R. Saroja 2.R.Kasthuri 3.Sundari 4.C.Devarani Janakiammal (died) 5.Velmurugan .. Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 03.02.2021 passed by the I Additional District Judge, Thoothukudi in notice to produce documents filed under Order 12 Rule 8 CPC For Petitioners ...

Mr. T. S.R. Venkatramana For R1 and R2 ...

Mr. M.P. Senthil For R3 ...

Mr. P. Santhanakrishnan For R4 ... Mr. Prithiviraj

ORDER

Heard the learned counsel appearing on either side and perused the materials available on record.

2. The revision petitioners / defendants 1 and 2 filed this revision to set aside the order, dated 03.02.2021 passed by the I Additional District Judge, Thoothukudi, in notice under Order 12 Rule 8 CPC to produce the documents, which was allowed by the trial Court. But, the notice was not filed with proper form. Without any affidavit, the notice to produce the documents was filed.

3. The suit in O.S.No.34 of 2012 was filed in the year 2012 by the respondents 1 and 2 / Plaintiffs and the Written statement was also filed in the year 2016 and the suit was decreed. In an appeal, the case was remitted back to the trial Court for producing some documents. Now only the respondents 1 and 2 / plaintiffs filed notice to produce documents.

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C.R.P(MD).No.420 of 2021

4. The revision petitioners accepted to produce the Encumbrance Certificates for all the suit property, whichever he sold to the third party.

5. In view of the above, the Civil Revision Petition is disposed of and the petitioners are directed to produce the documents to the respondents / plaintiffs within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) To I Additional District Judge, Thoothukudi +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-10550[F] dated 08/03/2022 ) +1 CC to M/s.T.S.R.VENKAT RAMANA, Advocate ( SR-10686[F] dated 08/03/2022 ) CRP(MD).No. 420 of 2021 and CMP(MD).No.2302 of 2021 07.03.2022 SB(CO) KB(18.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2