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Madras High CourtCMP(MD)/12089/2019allowed

Velu Yogeswarar v. Suyambu Asari,

2020-03-17Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP(MD) No.12089 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.12089 of 2019 IN SA(MD) No.1076 of 2006 1 VELU YOGESWARAR (DIED) ... RESPONDENT IN SA(MD)No.1076 of 2006 2 V.MURUGANANTHAM, ... PETITIONER/2nd RESPONDENT Vs SUYAMBU ASARI, ... RESPONDENT/APPELLANT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to return the document namely the original sale deed dated 01.02.1974 registered as document No.343 of 1974 marked as Exhibit A-5 in the Judgement made in OS.No.391/1996 on the file of the Additional District Munsif Court, Valliyoor, more fully described in the petition to the petitioner/2nd respondent and thus render justice.

Prayer in SA(MD). 1076/ 2006 :

To prefer this Memorandum of Grounds of second Appeal against the Judgment and decree of the learned II Additional SubJudge, Tirunelveli dated 25.06.2005 in A.S.No.59 of 2005 confirming the judgment and decree of the learned Additional District Munsif, Valliyur, dated 23.09.2004 in O.S.No.391 of 1996. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S.P.MAHARAJAN, Advocate for the petitioner and of the Respondent not appeared either in person or by an advocate, the court made the following order:- The respondent in the second appeal, is the plaintiff in O.S.No.391 of 1996 on the file of the Additional District Munsif Court, Valliyoor, wherein during the time of trial, he marked the registered sale deed dated 01.02.1974 as Ex.A5. Pending second appeal he wants the original and a certified copy of the same was filed as a substitute.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.12089 of 2019

2. In the interest of justice, this Civil Miscellaneous Petition is allowed on the undertaking that as and when required, the said document will be produced.

sd/- 17/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT MUNSIF, VALLIYOOR.

2. THE II ADDITIONAL SUBORDINATE JUDGE, TIRUNELVELI. COPY TO:

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

+1 CC to M/s.S.P.MAHARAJAN, Advocate ( SR-5341[I] dated 17/03/2020 )

ORDER

IN CMP(MD) No.12089 of 2019 IN SA(MD) No.1076 of 2006 Date :17/03/2020 PM AE/PN/SAR-III (20.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2