Jeyakkodi, v. R.Jeganathan Servai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR IN AS(MD) No.95 of 2021 1 JEYAKKODI 2 VIVEK ... PETITIONERS/RESPONDENTS 11 & 12 Vs 1 R.JEGANATHAN SERVAI 2 R.SEENIVASAN SERVAI 3 SEETHALAKSHMI 4 ARUNA DEVI 5 AMUTHA DEVI 6 VIJAYAKUMAR 7 ASHOKAN 8 MOHAN 9 RAVI PALANIVEL 10 BALAMURUGAN 11 K.GANAPRAKASAM 12 VIJAYAN 13 VASUKI 14 JANAKI 15 CHITRA 16 VASANTHI 17 PADMINI 1/3

18 MAHA @ MAHALAKSHMI 19 MALAR 20 SENTHIL @ SENTHILKUMAR 21 SENTHILKUMAR 22 PRADEEP 23 BALAKRISHNAN SERVAI 24 RAVICHANDRAN 25 MALAIYANDI 26 KARUPPIAH 27 T.PANDI 28 K.PANDI 29 RAMAN 30 R. SHARMUGAM SERVAI 31 RAJASEKARAN 32 PANCHAVARNAM @ LAKSHMI 33 G. RADHAKRISHNAN 34 M. RAJAKUMARI 35 MINOR. SIVARANJANI 36 MINOR. NITHYA (MINOR RESPONDENTS 35 AND 36 ARE REP BY THEIR MOTHER/NATURAL GUARDIAN RAJAKUMARI VIZ 34th RESPONDENT) 37 MANIMARAN 38 ARUNPRASAD ... RESPONDENTS/APPELLANTS 1 AND 2 AND RESPONDENTS 1 TO 10 AND 13 TO 38 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 sale deed dated 23-06-2005,marked as Ex.B8 to the Petitioners / Respondents 11 and 12 by substituting the same with the certified copy issued by this Honorable Court which is produced herewith.

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PRAYER IN AS(MD) No.95 of 2021:

Pleased to set aside the Judgment and Decree dated 25.02.2020 made in O.S.No.15 of 2010 on the file of the Additional district and Sessions Judge, Sivagangai.

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.AL.GANTHIMATHI, Advocate for the petitioner and of Mr.MR.G.MOHANKUMAR, Advocate for the respondents 1 & 2 and Mr.T.SRINIVASA RAGHAVAN, Advocate for the respondents 4,5,7 & 10 and Mr.N.S.KARTHIKEYAN, Advocate for the 22nd respondent, the Court made the following order:- The petitioner seeks a return of document, namely, Ex.B8 sale deed, dated 23.06.2005. A certified copy of the said document has also been produced.

2. The reason assigned for seeking return of the document is to enable the first petitioner to execute the power of attorney in favour of his son, the second petitioner. The petitioners have also filed an affidavit of undertaking not to alienate the property, which is the subject matter of the said sale deed.

3. In view of the above, this petition is allowed. Registry is directed to return the original sale deed Ex.B8 by substitute the certified copy filed along with this petition. sd/- 24/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI.

COPY TO:

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

+1. C.C. to M/S.S.SRINIVASA RAGHAVAN, Advocate SR.No.1484

ORDER

IN IN AS(MD) No.95 of 2021 Date :24/02/2022 (1/2) SS/PN/SAR-IV/01.03.2022 : 3P/4C 3/3