Allowed

M/S.Karpagam Packaging Industries v. P. Ramamoorthy

Madras HC18 Nov 2021CMP/18215/2021

Case brief

AI extract

What is this about?

Court allowed a petition praying for the return of an original registered will to the petitioner. The petitioner was directed to file an affidavit of undertaking to produce the original upon demand. The registry was ordered to return the will within two weeks against the certified copy.

What did the court decide?

Registry directed to return original will on substitution of certified copy within two weeks, subject to affidavit of undertaking.

M/S.Karpagam Packaging Industries Vs P… — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Civil Appellate Jurisdiction )

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Thursday, the Eighteenth day of November Two Thousand Twenty One

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PRESENT

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THE HON`BLE MR.JUSTICE RMT.TEEKAA RAMAN

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CMP.No.18215 of 2021

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in SA.No.364 of 2015

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1 M/S.KARPAGAM PACKAGING INDUSTRIES, [ PETITIONERS ] BY ITS PROPRIETOR J. AMAL RAJ(*) , S/O.LATE.D.JAYARAJ, NO.3/418, KUPPAM ROAD, NEELANGARAI, CHENNAI- 600 041.

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(*)IMPLEADED AND BROUGHT ON RECORD AS PER ORDERS OF THE COURT DATED 12-03-2020 made in CMP.No:20322 of 2018

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2 ()M/S.MANIPAL UTILITY PACKAGING SOLUTIONS PRIVATE LIMITED,**

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REP BY ITS COMPANY SECRETARY SUNDAR, S/O.R.SRINIVASAN NO.3/415, SINGARAVELAR SALAI, NEELANGARAI, CHENNAI- 600 041.

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()SUBSTITUTED AS PER ORDERS OF THE COURT dated 28-02-2020 made in CMP.No:4456 of 2020)**

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P. RAMAMOORTHY [ RESPONDENT ]

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order to return the Original will dated 24.01.2001 registered as document No:2 of 2001 in Book No:3, Volume No:4, pages from 17 to 20 in the Sub-Registrar of Neelangarai to the 1st -petitioner/1^st -respondent which is marked as “Exhibit-P3 in OS.No.173 of 2011, on the file of the District Munsiff(FAC), Tambaram” by substitution of the certified copy of the same (in CMP.No.18215 of 2021)

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Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.S.MANI, Advocate for the petitioners, the court made the following order:-

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https://hcservices.ecourts.gov.in/hcservices/

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CMP No.18215of 2021 is filed to return the original Will dated 24.01.2001 registered as document No.2 of 2001 in Book No.3, Volume No.4, pages from 17 to 20 in the Sub Registrar of Neelangarai to the firstpetitioner/first respondent which is marked as Ex.P3 in O.S.No.173 of 2011, on the file of the District Munsif (FAC) Tambaram by substitution of the certified copy of the same.

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2.The petitioner is hereby required to file an affidavit of undertaking that as and when called for by the Registry, he has to produce the original and keep the original in the safe custody. On such undertaking, Registry is directed to return the original Will on substitution of the same by its certified copy within a period of two weeks. Accordingly, this petition is allowed.

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Post the second appeal after two weeks.

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-sd/-

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18/11/2021 / TRUE COPY /

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Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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1 THE SUBORDINATE JUDGE,

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TAMBARAM.

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2 THE DISTRICT MUNSIFF(FAC), TAMBARAM.

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3 THE SECTION OFFICER, VR SECTION,HIGH COURT, CHENNAI-104.

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Order

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CMP.No.18215 of 2021 in SA.No.364 of 2015

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Date :18/11/2021

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(23/11/2021)

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https://hcservices.ecourts.gov.in/hcservices/

M/S.Karpagam Packaging Industries v. P. Ramamoorthy

Case brief

What is this about?

What did the court decide?

M/S.Karpagam Packaging Industries v. P. Ramamoorthy

Case brief

What is this about?

What did the court decide?

What the court decided

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