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Madras High CourtCMP(MD)/12292/2018allowed

Vasudevan, v. K.Vairavan @ Jeyabalan,

2019-03-18Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.12292 of 2018 IN AS(MD) No.144 of 2016 VASUDEVAN ... PETITIONER/ 1st RESPONDENT Vs 1 K.VAIRAVAN @ JEYABALAN ... 1st RESPONDENT/ APPELLANT 2 NAGASUNDARAM @ CHINNTHAMANI DHANASEKARI(DIED) 3 R.JEYALAKSHMI 4 YOGAM, P.CHINTHAMANI(DIED) 5 VEERAMANI 6 M.R.ELANGOVAN ANBU (DIED) 7 C.SUBBULAKSHMI 8 C.JEGATHESAN 9 C.SUGUMARAN C.PARVATHI MALLIGABAI (DIED) 10 A.MAHESHWARI 11 A.BHARATH ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the Registry to returned Ex.B3, B4, B5, B10, B11, B12, B13 https://hcservices.ecourts.gov.in/hcservices/

and B14 marked in O.S.No.54 of 2004 on the file of the District Court, Sivagangai, pending disposal of the above appeal and thus render justice.

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.R.VIJAYAKUMAR, Advocate for the petitioner and of Mr.M.SUBASH BABU, Advocate for R1, the court made the following order:- This petition has been filed to direct the Registry to return Exs.B.3, B.4, B.5, B.10, B.11, B.12, B.13 and B.14 marked in O.S.No.54 of 2004 on the file of the District Court, Sivagangai, pending disposal of the above appeal.

2.Heard both sides.

3.Being satisfied with the reasons mentioned in the affidavit filed in support of this petition, we are of the considered view that this petition can be allowed.

4.Accordingly, this miscellaneous petition is allowed. 5.The Registry is directed to return Exs.B.3, B.4, B.5, B.10, B.11, B.12, B.13 and B.14 marked in O.S.No.54 of 2004 on the file of the District Court, Sivagangai, pending disposal of the above appeal, by way of substituting photo copies of the above mentioned exhibits.

sd/- 18/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT JUDGE, SIVAGANGAI.

COPY TO:

THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.R.VIJAYAKUMAR Advocate SR.No.5018

ORDER

IN CMP(MD) No.12292 of 2018 IN AS(MD) No.144 of 2016 Date :18/03/2019 MS/JC/SAR-2/18.03.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/