← Library
Madras High CourtCMP(MD)/8015/2022allowed

Mani Alias Gurusamy Nadar, v. Ramar Nadar,

2022-09-09Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Ninth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice N.SESHASAYEE in S.A.(MD) No.553 of 2014 MANI @ GURUSAMY NADAR ... PETITIONER/1st RESPONDENT Vs

1. RAMAR NADAR

2. AMMASIKANNI

3. MUTHUKUMAR

4. SEENIAMMAL ... RESPONDENTS 1 TO 4/APPELLANTS

5. MARIAMMAL ... 5th RESPONDENT/2nd RESPONDENT

6. CHINNASAMY NADAR (DIED) ... 3rd RESPONDENT

7. PALANICHAMY

8. KULATHURAN

9. GURUNATHAN 10.ANNAMALAICHAMY ... RESPONDENTS 7 TO 10/ RESPONDENTS 7 TO 10 11.MADASAMY (DIED) ... 11th RESPONDENT 12.VADIVEL MURUGAN ... 12th RESPONDENT/12th RESPONDENT 13.KALIAPPAN NADAR(DIED) ... 13th RESPONDENT 14.RAMATHAL 15.MARIAMMAL 16.GURUVAMMAL 17.SAMIKKALAI 18.ARUMUGASAMY 19.MANORANCHIDAM 20.OLIVU 21.CHINNADURAI 22.RAMAR 23.MURUGAN 1/3

24.SUNDARI 25.GANESAN 26 PALMANICKAM 27.GURUSAMY PANDIAN 28.MARIAMMAL 29.SANKARESHWARI 30.VADIVELMURUGAN ... RESPONDENTS 14 TO 30 / RESPONDENTS 11 TO 27 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to return Ex.B5 original sale deed dated 10.02.1999 by replacing the certified copy for the same.

PRAYER IN S.A.(MD) No.553 of 2014 :

To prefer the following Memorandum of Grounds of Second Appeal, against the concurrent judgment and decree, dated 19.08.2013 in A.S.No.46 of 2009, on the file of Sub Court, Sankarankovil by modifying the judgment and decree, dated 20.04.2009 in O.S.No.123 of 2001, on the file of the Principal District Munsif Court, Sankarankovil.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S M.THIRUNAVUKKARASU, Advocate for the petitioner and of MR.F.X.EUGENE, Advocate on behalf of the Respondents, the court made the following order:- This petition is filed to return Ext.B5 original sale deed dated 10.02.1999 by replacing the certified copy for the same.

2. Heard Mr.Thirunavukkarasu, learned counsel for the petitioner and Mr.F.X.Eugene, learned counsel for the respondents.

3. This Court is satisfied with the reasons set out in the affidavit filed in support of this petition. Accordingly, this petition is allowed. Registry is required to return Ext.B.5 and it is to be replaced with certified copy of Ext.B.5. The petitioner is directed to replace the original Ext.B.5 which is now directed to be returned to this Court, when the appeal is taken up for final disposal.

sd/- 09/09/2022 / TRUE COPY / 09/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO

1. THE SUBORDINATE JUDGE, SANKARANKOVIL.

2. THE PRINCIPAL DISTRICT MUNSIF, SANKARANKOVIL.

COPY TO :

1. THE SECTION OFFICER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

+1. C.C. to M/S M.THIRUNAVUKKARASU Advocate SR.No.44009(F)

ORDER

IN CMP(MD) No.8015 of 2022 in S.A.(MD) No.553 of 2014 Date :09/09/2022 abr USK/VR/SAR-III/09.09.2022/3P/6C 3/3