Suyambukani Ammal, v. Subbaiah,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventh day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in SA(MD) No.337 of 2020 SUYAMBUKANI AMMAL ... PETITIONER/RESPONDENT Vs SUBBAIAH ... RESPONDENT/APPELLANT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to direct the registry to return the document which have been marked as Ex.A1 dated 27.05.1978 in O.S.No.111/2012 on the file of District Munsif Court, Tiruchendur by substituting the certified copies of the same. Prayer in SA(MD). 337/ 2020 :

To set aside the Judgment and Decree dated 31.10.2019 passed in A.S.No.253 of 2017 on the file of the Sub Court, Tiruchendur confirming the Judgment and Decree dated 23.01.2015 passed in O.S.No.111 of 2012 on the file of the District Munsif Court, Tiruchendur.

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.M.C.SWAMY, Advocate for the petitioner and of MR.G.PRABU RAJADURAI, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioner / respondent / plaintiff to direct the Registry to return the document, which has been marked as Exhibit A.1, dated 27.05.1978 in O.S.No.111 of 2012 on the file of the District Munsif Court, Tiruchendur 1/3

by substituting the certified copy of the same.

2. Heard the learned Counsels appearing for the petitioner and respondent and perused the affidavit filed in support of the petition. Certified copy of the abovesaid document has already been filed with this petition.

3. The learned Counsel appearing for the respondent has not raised any objection to allow this Civil Miscellaneous Petition.

4. Having satisfied with the reasons stated in the affidavit, this Court is inclined to allow this petition.

5. Accordingly, this petition is allowed and the Registry is directed to return the original sale deed, dated 27.05.1978 which has been marked as Exhibit A.1 in O.S.No.111 of 2012 on the file of the District Munsif Court, Tiruchendur to the petitioner's counsel after substituting the certified copy on proper acknowledgement. sd/- 07/08/2024 / TRUE COPY / 07/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

BTR TO 1 THE SUBORDINATE JUDGE, TIRUCHENDUR.

2 THE DISTRICT MUNSIF, TIRUCHENDUR.

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COPY TO 1 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

+1 CC to M/s.G.RAJARAMAN, Advocate ( SR-9582[I] dated 07/08/2024 )

ORDER

IN in SA(MD) No.337 of 2020 Date :07/08/2024 RS//SAR-(07.08.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3