Usha v. S.V.Mahalingam

CMP(MD) No.4808 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Third day of March Two Thousand Twenty PRESENT The Hon'ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.4808 of 2019 IN SA(MD) No.1168 of 2011 USHA ... PETITIONER/6th RESPONDENT Vs 1 S.V.MAHALINGAM ... 1st RESPONDENT/APPELLANT 2 VEERABADRAN 3 CHANDRASEKARAN 4 MUNIRA BEEVI 5 RAJA 6 SENTHILKUMAR 7 KALIDASS 8 SIVARAMAN 9 USHARANI 10 BALASUBRAMANIAN ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a direction to return the document marked as Ex.B-12(sale deed) dated 11.11.2002 by substituting it with certified copy of the same and thus render justice.

Prayer in SA(MD) No.1168 of 2011:

Pleased to set aside the Judgment and decree dated 16.09.2008 passed by the Sub Court, Sivagangai in A.S.No.94 of 2007 confirming the Judgment and decree dated 20.04.2007 passed by the District Munsif Court, Sivagangai in O.S.No.79 of 2003. 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.A.SIVAJI, Advocate for the petitioner and of Mr.M.MOHANASUNDARAM, Advocate for R1, Mr.K.VINAYAGAN, Advocate for R2, Mr.A.SIVAJI, Advocate for R5,R6,R8 and R9 and Mr.J.JEYAKUMARAN, Advocate for R7, the court made the following order:- This petition has been filed by the 6th defendant in the suit seeking a direction to return the document marked as Ex.B.12 (sale https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4808 of 2019 deed) dated 11.11.2002 by substituting it with certified copy of the same.

2. Heard.

3. Having been satisfied with the reasons stated in the affidavit filed in support of this petition, this CMP is allowed. However, it is hereby clarified that as and when it requires, the petitioner shall produce the original and necessary undertaking has to be given.

sd/- 03/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUBORDINATE JUDGE, SIVAGANGAI.

2. THE PRINCIPAL DISTRICT MUNSIF, SIVAGANGAI. COPY TO:- THE SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.SIVAJI, Advocate ( SR-4766[I] dated 04/03/2020 )

ORDER

IN CMP(MD) No.4808 of 2019 IN SA(MD) No.1168 of 2011 Date :03/03/2020 SKN TE/JC/SAR-IV : 06/03/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2