Jagajothi v. Pichammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Third day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in SA(MD) No.625 of 2019 JAGAJOTHI ... PETITIONER/1ST RESPONDENT Vs 1 PICHAMMAL ... 1ST RESPONDENT/APPELLANT 2 RAJ REDDIAR ... 2ND RESPONDENT/2ND RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order directing the registry to return the original sale deed dated 09.09.1983 marked as Ex.A1 to the petitioners herein and substitute the same with the certified copy of the same. Prayer in SA(MD). 625/ 2019 :

To set aside the judgement and decree dated 21.08.2019 passed in A.S. No. 20 of 2017 on the file of the Sub Court, Kovilpatti Reversing the Judgement and decree dated 28.07.2017 passed in O.S. No. 279 of 2011 on the file of District Munsif Court, Kovilpatti by allowing this Second Appeal.

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 MR.S.KADARKARAI, Advocate for the petitioner and of MR.D.NALLATHAMBI, Advocate on behalf of the 1st Respondent and none appeared either in person or by an advocate on behalf of the 2nd Respondent, the court made the following order:- 1/3

This Civil Miscellaneous Petition has been filed under Order XIII Rule 9 read with Section 151 of the Code of Civil Procedure to return the original sale deed, dated 09.09.1983, marked as Ex.A1 to the petitioner and substitute the same with the certified copy.

2.Heard the learned counsel on either side, and I have perused the affidavit filed in support of this petition.

3.The learned counsel for the 1st respondent has not raised any objection for the return of document.

4.The name of the 2nd respondent has been printed in the cause list. 5.Being satisfied with the reasons stated in the affidavit, this petition is ordered as prayed for.

6.Registry is directed to return the original sale deed, dated 09.09.1983, marked as Ex.A1 to the petitioner after substituting the certified copies of the same on proper acknowledgment.

sd/- 23/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO 1 THE SUBORDINATE JUDGE, KOVILPATTI.

2 THE DISTRICT MUNSIF, KOVILPATTI.

COPY TO 1 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

+1 CC to M/s.S.KADARKARAI, Advocate ( SR-13151[I] dated 25/10/2024 )

ORDER

IN in SA(MD) No.625 of 2019 Date :23/10/2024 RS/MMS/SAR-(08.11.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3