Gopalsamy v. Govindasamy
Case brief
What is this about?
The High Court allowed the civil revision petition, holding the lower court's order refusing return of documents perverse, as the underlying suit was dismissed against the petitioner and the decree was against the second respondent only.
What did the court decide?
The order dated 02.11.2016 is set aside and the court below is directed to return the documents marked Ex.B.1 to Ex.B.4 to the petitioner.
What the court decided
C.R.P.(PD)No.3072 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD)No.3072 of 2018
Gopalsamy ... Petitioner
Vs.
1. Govindasamy
2. Sivakumar ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the order dated 02.11.2016 passed by the
Principal Subordinate Court, Tiruvannamalai, in R.M.Nil/2016 in
O.S.No.39 of 2010.
For Petitioner : Mr.B.Jawahar For Respondents For R1 : Mr.P.Mani For R2 : No appearance
Page 1 of 6
C.R.P.(PD)No.3072 of 2018
ORDER This Civil Revision Petition is directed as against the fair and
Issues for consideration
2 issues framed by the court
Whether the trial court erred in refusing to return original documents despite the suit being dismissed against the petitioner.
Whether a charge was created over suit properties requiring execution of suit rather than execution of judgment for refund.
Parties & counsel
- appellant
Gopalsamy
- respondent
Govindasamy
- respondent
Sivakumar
Coram
Case details
As recorded by the court registry
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