Eashwar v. Ammeena Beevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Eashwar represented by through his Power Agent Sivagurunathan ... Petitioner Vs.

1. Ammeena Beevi

2. Shek Kiraszudeen

3. Hathija Beevi

4. Bagaludeen

5. Mohammed Harron

6. Sarbudeen

7. Shek Mohammed Ibrahim

8. Shek Mohammed Yacabu

9. Amaran @ Shek Adham Shahip

10. Mohammed Ismayil

11. Fathima Beevi ... Respondents 1/6

Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Sub Court, Tirunelveli to number the unnumbered I.A. of 2023 in A.S.No.118 of 1970 and to issue the certified copies as claimed and allow this civil revision petition. For Petitioner : Mr.A.Sankararamasubramanian

ORDER

The Civil Revision Petition is directed against the order of return in unnumbered I.A.No. .... of 2023 in A.S.No.118 of 1970, returning the copy application on the ground that all the documents are in torn conditions and some papers were not found.

2. When the matter was taken up for hearing on 06.11.2023, considering the submission made by the learned counsel appearing for the revision petitioner, this Court directed the Registry to call for a report from the concerned Court with regard to the conditions of the documents now available. In pursuance of the same, the learned Principal Subordinate Judge, Tirunelveli, has submitted a report dated 10.11.2023 stating that the appeal in A.S.No.118 of 1970 on the file of the Principal Sub Court, 2/6

Tirunelveli, was disposed of and the entire records were sent to the Principal District Court, Tirunelveli, on consignment. Subsequently, the learned Principal Subordinate Judge, Tirunelveli, has submitted another report dated 15.11.2023 stating that the judgment and decree in A.S.No. 118 of 1970 are found to be in good condition and the judgment and decree in O.S.No.121 of 1966 on the file of the Principal District Munsif Court, Ambasamudram, are found to be in torn condition.

3. At this juncture, the learned counsel appearing for the revision petitioner would submit that the concerned Court may be directed to issue the copies of the judgment and decree passed in A.S.No.118 of 1970.

4. Considering the report filed by the learned Principal Subordinate Judge and taking note of the submission made by the learned counsel appearing for the revision petitioner, the revision petitioner is hereby directed to represent the copy application and on such representation, the learned Principal Subordinate Judge, Tirunelveli, is directed to issue the copies of the judgment and decree passed in A.S.No.118 of 1970. 3/6

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

16.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm Note : Registry is directed to return the original papers to the revision petitioner, after getting necessary acknowledgments.

To

1. The Principal Subordinate Court, Tirunelveli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 16.11.2023 6/6