Nagarajan v. Selvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Nagarajan .. Petitioner in both CRPs Vs.

1.Selvi 2.Thirumalai ... Respondents PRAYER:- Petitions filed under Article 227 of the Constitution of India against the fair and decreetal order, dated 03.01.2023 in R.P.Nos.47 and 49 of 2007 in O.S.No.102 of 2008 on the file of the Principal District Munsif Court, Kumbakonam.

For Petitioner : Mr.Asaithambi in both CRPs

O R D E R

These Civil Revision Petitions are filed against the fair and decreetal order, dated 03.01.2023 made in R.P.Nos.47 and 49 of 2007 in O.S.No.102 of 2008 on the file of the Principal District Munsif Court, Kumbakonam.

1/4

2. Heard the learned counsel appearing for the petitioner. Since no adverse order is passed against the respondents, notice to the respondents is not necessary.

3. The learned counsel appearing for the revision petitioner / defendant submitted that even though the documents were filed by the plaintiff, all are standing in the name of the petitioner. So on that account only he had made a request to the concerned Court to return the documents.

4. Report called for from the trial Court reveals that 21 documents have been produced by the plaintiff. Since the suit was dismissed as withdrawn with liberty to file a fresh suit, the documents produced by the plaintiff were returned to them, now, they have also received the same. The petitioner may work out the remedy, if the fresh suit filed by plaintiff. In such circumstances, I do not find any illegality or infirmity in the order passed by the trial Court.

5. Accordingly, these Civil Revision petitions are dismissed. 2/4

No costs.

13.03.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To The Principal District Munsif Court, Kumbakonam. 3/4

G.ILANGOVAN,J.

Trp 13.03.2024 4/4