V.Ganapathy Sundaram (Died) 1. G.Chellakannu v. S.S.Pitchai(Died) Through His Power Agent P.Elango (Died) 1. R.Balasubramaniya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.3013 of 2023 V.Ganapathy Sundaram (died) 1.G.Chellakannu 2.G.Ulaganathan Ma.Su.Irulayeeammal Trustee ... Petitioners / Appellants Vs S.S.Pitchai (died) represented through his power agent P.Elango, P.Elango (died) 1.R.Balasubramaniya 2.R.Pandi ... Respondents Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to pass an order of speedy disposal of Appeal Suit No.106 of 2012 on the file of the Additional Subordinate Court, Madurai, in E.A.No.122 of 2009 in E.P.No.309 of 2007 in R.C.O.P.No.338 of 1/6

2002 on the file of the Additional District Munsif, Madurai within the time span fixed by this Court.

For Petitioner : Mr.S.Ramesh

ORDER

This Civil Revision Petition is filed to pass an order of speedy disposal of Appeal Suit No.106 of 2012 on the file of the Additional Subordinate Court, Madurai, in E.A.No.122 of 2009 in E.P.No.309 of 2007 in R.C.O.P.No.338 of 2002 on the file of the Additional District Munsif, Madurai within the time span fixed by this Court.

2. The grievance of the petitioner is that pending the process, documents were presented by the R.W.1 and was marked as Ex.R1 to Ex.R15 by the Courts below. But thereafter, the appeal was filed by the petitioner. At that time, the documents could not be produced by the respondents and they stated that they have sold the properties to some other persons and at the time of selling the same, they have handed over the original documents to the purchasers. They are not in a position to produce the documents.

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3. Even after a report is called for from the learned Principal District Judge, Madurai, learned counsel for the petitioner, after realising the position in the production of documents, submitted that he is ready to produce the certified copies of the sale deeds, marked as Ex.R1 to Ex.R11. The other documents namely Ex.R12 to Ex.R15 are only receipts and they are not relevant for considering the appeal. He is also ready to produce the documents before the appellate Court. On receipt of the documents, he wants the matter to be disposed by the appellate Court by the time stipulated.

4. Considering the submissions of the learned counsel on record for the petitioner, this Civil Revision Petition is disposed of, making a condition upon the petitioner herein to produce certified copies of sale deeds of the following documents Ex.R1 09.02.1912 Copy of sale deed Ex.R2 26.08.1916 Copy of sale deed Ex.R3 03.07.1917 Copy of Sale deed Ex.R4 31.12.1939 Copy of Sale deed Ex.R5 20.01.1969 Copy of mortgage deed 3/6

Ex.R6 05.02.1973 Copy of sale deed Ex.R8 24.01.1983 Certified copy of sale deed Ex.R9 11.09.1947 Copy of judgment in O.S.No.16/1947 Ex.R10 18.09.1995 Copy of judgment in O.S.No.399/1991 Ex.R11 31.07.1969 Copy of mortgage deed Ex.R7 is the survey sketch. Certified copies of the same, according to the learned counsel for the petitioner, is not relevant. On submission of those certified copies of the documents, let the appeal be decided on its own merits within a period of three months from the date of submission of certified copies.

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

07.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 4/6

To 1.The Additional Subordinate Court, Madurai.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

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ORDER

IN C.R.P(MD)No.3013 of 2023 07.02.2024 6/6