Dismissed

S. Chinnasamy v. P. Periyasamy (Deceased)

Madras HC14 Sept 2018CRP/2047/2018

Case brief

AI extract

What is this about?

The High Court dismissed a Civil Revision Petition challenging an order rejecting a prayer for the return of Settlement Deeds. The Court held that since the plaintiffs had failed in their suit and appeal, they were not entitled to the return of documents while facing a plea for a bank loan, and no grounds existed for interference.

What did the court decide?

Civil Revision Petition dismissed with no costs. The impugned order upholding the rejection of the prayer for return of documents stands affirmed.

S. Chinnasamy Vs P. Periyasamy (Deceased) — Property and Title | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.09.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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Civil Revision Petition (NPD) No.2047 of 2018

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1.S.Chinnasamy,
S/o.Sengoda Gounder.
2.S.Vinayagamoorthy,
S/o.Sengoda Gounder. ... Petitioners
-vs-
1.P.Periyasamy, (deceased)
S/o.Palaniappan.
2.Kasthuri, W/o.Mani.

3.Kumar, S/o.Mani.

4.Punitha, D/o.Mani.

5.Kavitha, D/o.Mani.

6.P.Natarajan, S/o.Palaniappan. 7.P.Govindarajan, S/o.Palaniappan. 8.P.Manokaran, S/o.Palaniappan. 9.Loganayagi, W/o.Periyasamy. 10.Saraswathi, W/o. Late Mani. 11.Ponnammal, W/o.Govindaraj. 12.Nagarathinam, W/o.Late Mani. 13.Lakshmi, W/o.P.Manokaran. 14.Annadurai, S/o.Periyasamy. 15.Shanthi, D/o.Periyasamy. ... Respondents

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http://www.judis.nic.in

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Civil Revision Petition filed under Section 115 of Civil Procedure Code against the fair and final order passed in R.P.No:37 of 2017 in O.S.No.943 of 1995 on the file of the Principal District Munsif,

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Erode dated 28.02.2018 and to set aside the same.

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For Petitioners : Mr.A.Panneerselvam
For Respondents : Mr.P.Valliappan
******
O R D E R
Heard Mr.A.Panneerselvam, learned counsel for the
petitioners and Mr.P.Valliappan, learned counsel appearing for the
respondents.

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2.This Civil Revision Petition, filed under Section 115 of the Code of Civil Procedure, is directed against the order passed by the Trial Court in R.P.No.37 of 2017 in O.S.No.943 of 1995 dated 28.02.2018 on the file of the Principal District Munsif Court, Erode.

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http://www.judis.nic.in

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3.The petitioners were the plaintiffs in the suit, which was filed for declaration and injunction. The claim of the petitioners is that they claimed ownership of the property through Settlement Deeds and they have marked Exs.A1 and A2 to prove their ownership. The Trial Court, by judgment and decree dated 30.12.2002, dismissed the suit. The petitioners/plaintiffs filed appeal before the First Additional District Court, Erode in A.S.No.148 of 2003. The said appeal was dismissed by judgment and decree dated 04.11.2004. As against the said judgment, the petitioners are stated to have filed Second Appeals before this Court in S.A.SR Nos.71501 of 2005 and 63611 of 2010, which are pending. The delay in filing the second appeal is yet to be condoned. Parallely, the petitioners moved the Trial Court by filing an application under Order 13 Rule 9 read with Section 151 CPC praying to return the documents marked as Exs.A1 and A2. The Trial Court, by the impugned order, rejected the prayer. Admittedly, the Trial Court has rendered a finding that the settlor had no right to execute Settlement Deeds Exs.A1 and A2.

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4.Thus, the plaintiffs having failed in the suit as well as before the First Appellate Court, are not entitled to seek for return of those documents especially when there is a plea to apply for a bank loan.

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http://www.judis.nic.in

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Thus, in my considered view, the Trial Court rightly rejected the application filed by the petitioner.

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5.Thus, for the above reasons, the petitioners have not made

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out any ground to interfere with the impugned order. Accordingly, the

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Civil Revision Petition fails and the same is dismissed. No costs.

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14.09.2018
abr
To
The Principal District Munsif, Erode.

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http://www.judis.nic.in

T.S.Sivagnanam, J.

(abr)

C.R.P. (NPD) No.2047 of 2018

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14.09.2018

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http://www.judis.nic.in

S. Chinnasamy v. P. Periyasamy (Deceased)

Case brief

What is this about?

What did the court decide?

S. Chinnasamy v. P. Periyasamy (Deceased)

Case brief

What is this about?

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What the court decided

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