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Madras High CourtCMP(MD)/16386/2023ordered

Thomas Jayaraj, v. T.Ilango Samuel,

2024-01-29Honourable Mr.Justice Mummineni Sudheer Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR in SA(MD)No.321 of 2014 THOMAS JAYARAJ, THROUGH HIS POWER AGENT MR.D.A.J.EBENESER.

... PETITIONER/2nd RESPONDENT Vs 1 T.ILANGO SAMUEL, REP. BY HIS POWER OF AGENT, THIRUPANDIARAJ ... 1st RESPONDENT/APPELLANT 2 VEDANGYAGAM BABU SUDHAKAR @ P.A.VEDANAYAGAM ... 2nd RESPONDENT/1st RESPONDENT 3 THE COMMISSIONER, CORPORATION OF TIRUNELVELI, TIRUNELVELI.

4 THE ASSISTANT COMMISSIONER, MELAPALAYAM, CORPORATION OF TIRUNELVELI, TIRUNELVELI.

... RESPONDENTS 3 & 4/RESPONDENTS 3 TO 4 1/3

Civil Miscellaneous 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 documents marked as Ex.-B-3 in the suit in O.S.No.204/2009 on the file of II Additional District Munsif Court, Tirunelveli by substituting the certified copies obtained from this Honourable Court.

PRAYER in SA(MD)No.321 of 2014:

To prefer this Memorandum of Second Appeal under section 100 C.P.C. against the judgment and decree of the learned Principal Sub Judge, Tirunelveli dated 30.09.2013 made in A.S.No.23 of 2013 confirming the judgment and decree of the Learned IInd Additional District Munsif, Tirunelveli dated 02.04.12 made in O.S.No.204 of 2009 on his file.

ORDER : This Civil Miscellaneous 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.H.ARUMUGAM, Advocate for the petitioner and of Mr.J.JOHN, Advocate on behalf of the Respondents, the Court made the following order:- It is not in dispute that EX.B3 in O.S.No.204 of 2009 was filed by the petitioner herein and marked through him as document in the suit. This petition is filed seeking return of said document.

2. The learned counsel appearing for the respondents reported no objection to allow this petition.

3. In the circumstances, this petition is ordered and the Registry is directed to return the original document marked as Ex.B3 in the suit in O.S.No.204 of 2009 on 2/3

the file of the II Additional District Munsif Court, Thirunelveli by substituting the certified copies of the said document obtained before this Court. sd/- 29/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE PRINCIPAL SUBORDINATE JUDGE, TIRUNELVELI. THE IInd ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI. COPY TO:

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

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

ORDER

IN in SA(MD)No.321 of 2014 Date :29/01/2024 SS/JGB/SAR- /02/02/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3