Jayakodi Ammal v. John Muniyandi

CMP(MD) No.460 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fourth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.SOUNTHAR CMP(MD) No.460 of 2023 in SA(MD) No.121 of 2008 VELLAIYAMMAL(DIED) 1 JAYAKODIAMMAL 2 THAMILARASI 3 MANIMEGALAI 4 SARAVANAKUMAR 5 MALATHI 6 PALANIKUMAR ... PETITIONERS 1 TO 6/RESPONDENTS 2 AND 5 TO 9 Vs 1 JOHN MUNIYANDI ... 1ST RESPONDENT/APPELLANT 2 MADURAI MUNICIPAL CORPORATION, THROUGH ITS COMMISSIONER, ANNAMALIGAI, TALLAKULAM, MADURAI.

... 2nd RESPONDENT/3rd RESPONDENT 3 CHINNACHAMY ... 3rd RESPONDENT/4th RESPONDENT 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 Ex.A2 dated 26.04.1974 to the 1st petitioner in the above Second Appeal. PRAYER IN SA(MD) No.121 of 2008:

To allow this second appeal and setaside the judgment and decreed dated 13.11.2006 made in A.S.No.20 of 2004 on the file of the I Additional Sub Court, Madurai partly confirming the judgment and decree dated 27.11.2003 made in O.S.No.732 of 1995 on the file of the Court of the Additional District Munsif Court, Madurai Town. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.460 of 2023 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.R.DEVARAJ, Advocate for the petitioner and of Mr.P.T.S.Narendravasan, Advocate on behalf of the Respondents, the Court made the following order:- This petition is filed by the petitioners seeking return of the original sale deed, dated 26.04.1974 marked as Ex.A2. 2.It is stated by the learned counsel for the petitioners that for effecting certain family arrangements and execution of Will, the original sale deed in favour of the petitioners is required for production at the Sub Registrar Office.

3.The Petitioners are directed to get the certified copy of the sale deed - Ex.A2 from this Court and after filing the certified copies with the Registry, they are entitled to get the original of Ex.A2 with an undertaking that it will be filed again after registration of family arrangements is over.

4.With this observation, this petition is allowed. sd/- 24/01/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL SUB JUDGE, MADURAI.

2 THE ADDITIONAL DISTRICT MUNSIF MADURAI.

COPY TO:

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

+1 CC to M/s.R.DEVARAJ, Advocate ( SR-1240[I] dated 27/01/2023 )

ORDER

IN CMP(MD) No.460 of 2023 in SA(MD) No.121 of 2008 Date :24/01/2023 SS/RG/SAR III(02.03.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2