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Madras High CourtCMP(MD)/6980/2018allowed

A.Thangaraj v. S.K.Dheenadayalu

2018-09-04Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.6980 of 2018 IN SA(MD) No.62 of 2017 1 A.THANGARAJ 2 T.THANGAMANI ... PETITIONER/ APPELLANTS Vs S.K.DHEENADAYALU ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to return the original document of Ex.A2(Sale Deed dated 17.03.1982 ) as filed in S.A.(MD) No.62 of 2017 and thus render justice. Prayer in SA(MD). 62/ 2017 :

To set aside the Judgment and Decree dated 08.12.2015 made in A.S.No.48 of 2014 on the file of the Principal District Judge, Tiruchirappalli confirming the Judgment and decree dated 23.09.2014 made in O.S.No.417/2008 on the file of the II Additional Subordinate Judge, Trichy.

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.S.M.S.JOHNNY BASHA, Advocate for the petitioners and of Mr.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCAITES, on behalf of the Respondent, the court made the following order:- This Civil Miscellaneous Petition has been filed for return of the Original documents of Ex.A2 (sale deed) dated 17.03.1982 as filed in S.A.(MD)No.62 of 2017.

2.On the side of the petitioners it is stated that the petitioners have filed in S.A.No.62 of 2014, against the judgment and decree dated 08.12.2015 made in A.S.No.48 of 2014 on the file of the learned Principal District Judge, Trichirappalli confirming the judgment and decree dated 23.09.2014 made in O.S.No.417 of 2018 on the file of the learned I-Additional Subordinate Judge, Trichy. 3.The learned counsel for the petitioner further submitted that the second appeal was referred to Lok Adalat on 14.07.2018 and the matter was settled between the parties before the Lok Adalat and the original documents in Ex.A2 (sale deed) is to be returned to the petitioners.

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4. The learned counsel for the respondent submitted that he has no objection for allowing this petition and he has also made an endorsement to that effect.

5.The Registry is directed to return the documents on identification on acknowledgment and on replacing the same of the certified copy.

6.This Civil Miscellaneous Petition is allowed, accordingly. sd/- 04/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT JUDGE, TIRUCHIRAPPALLI

2. THE II ADDITIONAL SUBORDINATE JUDGE, TRICHY. COPY TO:

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

+1. C.C. to Mr.S.M.S.JOHNNY BASHA Advocate SR.No.82001

ORDER

IN CMP(MD) No.6980 of 2018 IN SA(MD) No.62 of 2017 Date :04/09/2018 MS/MMS/SAR-2/05.09.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/