A.Palaniappan v. K.Uma

CMP(MD) No.9791 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R. VIJAYAKUMAR CMP(MD) No.9791 of 2021 IN SA(MD)No.373 of 2008 A.PALANIYAPPAN ... PETITIONER/APPELLANT Vs 1 K.UMA 2 MUTHU MEENAL 3 K.R.VEERAPPAN ... RESPONDENTS/RESPONDENTS Petition filed 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 settlement deed dated 14.08.2002 registered on the file of SRO, Devakottai which is marked as Ex.B.1 in the OS No.7 of 2004 on the file of the Learned Subordinate Judge, Devakottai.

PRAYER IN SA(MD)No.373 of 2008:

To prefer this memorandum of Grounds of Second appeal against the judgment and decree of the Learned District Judge of Sivagangai in A.S.46/2005 dated 04-06-2007, partly set-aside the judgment and decree of the learned Sub Judge of Devakottai dated in 02-03-2005 in O.S.No.7/2004 and prays that decrees and judgment in A.S.46/2005 dated 04-06-2007 may be set aside.

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.T.ANTONY ARUL RAJ, Advocate for the petitioner and of Mr.M.P.SENTHIL, Advocate for the Respondents No.1 to 3, the court made the following order:- This Civil Miscellaneous Petition has been filed by the petitioner seeking permission of this Court to get back the original settlement deed, dated 14.08.2002 marked as Ex.B1 in O.S.No.7 of 2004 on the file of the learned Subordinate Judge, Devakottai. 2.The learned counsel for the respondents has no objection for allowing this petition.

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CMP(MD) No.9791 of 2021 3.Registry is directed to return the original settlement deed of Ex.B1 to the learned counsel for the petitioner after getting proper acknowledgment by ensuring the certified copy is filed before this Court.

4.Accordingly, this Civil Miscellaneous Petition is allowed. sd/- 25/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE SUBORDINATE JUDGE, DEVAKOTTAI.

2 THE DISTRICT JUDGE SIVAGANGAI.

COPY TO:

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

ORDER

IN CMP(MD) No.9791 of 2021 IN SA(MD)No.373 of 2008 Date :25/11/2021 SA/PN/SAR.4/02.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2