In an ordinary original civil jurisdiction application, the court directed the registry to return original title deed documents to the plaintiff while retaining voided loan and security instruments.
Order directed to return Ex.P2, Ex.P6, and Ex.P8 (registered sale deeds) to the plaintiff on undertaking by substituting attested copies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 5TH DAY OFAPRIL 2022
THE MASTER
A.No.4264 of 2021 in C.S.No.664 of 2016
D.Saravana Raj, Sole Proprietor, Sree Finance, No.18, M.C.Road, Old Washermanpet, Chennai – 600 021. ...Applicant/Plaintiff
Versus 1.N.Ali Khan 2.A.Wahita Banu
Defendants 1 & 2 are residing at 24 Thirumalaiappan Street, Purasawalkam, Chennai 600 007. 3.A.Mohammed Fazil, No.14, Thana Street, Purasawalkam, Chennai 600 007. ...Respondents/Defendants
Application praying that this Hon'ble Court be pleased to direct the registry to return the documents morefully setout in the Master Summon's herein below to the petitioner.
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This application coming on this day before this Court for hearing in the presence of Mr.P.B.Ramanujam, Advocate for the applicant herein and Mr.B.Janakiram, Advocate for the respondents/1st defendant herein and
upon reading the Masters Summons and the affidavit of D.Saravana Raj filed herein and
The Court made the following order :-
and memorandum of understandings to the plaintiff for the amount
borrowed. In addition to that he has created a mortgage deed and handed over the title deeds of the documents to the plaintiff. Those documents were submitted by the plaintiff in the suit. After the filing of this suit, both parties went on compromise and accordingly the suit was disposed. Now, the plaintiff has come forward with this application to return the documents filed along with the plaint to him.
understandings, mortgage deed were executed in favour of the plaintiff for the amount borrowed by the defendants. Since the matter has been settled, the documents like pronotes, memorandum of understandings, mortgage deed are become void and useless by the force of the decree. They shall not be returned back to the plaintiff.
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back to the plaintiff. Therefore, it is ordered to return Ex.P2, Ex.P6 and Ex.P8 the registered sale deed documents only to the applicant/plaintiff on
proper undertaking by substituting the same with attested copies. Accordingly, this application is partly allowed.
SCHEDULE
LIST OF DOCUMENTS
| S.No. | Date | Particulars of the Document |
|---|---|---|
| 1 | 14.05.2012 | Mortgage Deed bearing Doc.No.1800/2012 (Original) |
| 2 | 30.06.2009 | Sale Deed bearing Doc.No.2083/2009 (Original) |
| 3 | 20.03.2013 | Promissory Note (Original) |
| 4 | 08.05.2013 | Undertaking & Guarantee given by 3rd Defendant (Original) |
| 5 | 08.05.2013 | Undertaking & Guarantee given by 2nd Defendant (Original) |
| 6 | 15.11.2010 | Sale Deed bearing Doc.No.7894/2010 (Original) |
| 7 | 20.04.2011 | Sale Deed bearing Doc.No.3049/2011 (Original) |
| 8 | 09.05.2013 | Promissory Note (Original) |
| 9 | 23.05.2014 | MoU between the 1st Defendant & Plaintiff (Original) |
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 05th DAY OF APRIL 2022.
Sd./-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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DL
08.04.2022
A.No.4264 of 2021 in
C.S.No.664 of 2016
ORDER
DATED : 05.04.2022
THE MASTER
FOR APPROVAL: 19.04.2022
APPROVED ON : 20.04.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 5TH DAY OFAPRIL 2022
THE MASTER
A.No.4264 of 2021 in C.S.No.664 of 2016
D.Saravana Raj, Sole Proprietor, Sree Finance, No.18, M.C.Road, Old Washermanpet, Chennai – 600 021.
...Applicant/Plaintiff
Versus
1.N.Ali Khan 2.A.Wahita Banu
Defendants 1 & 2 are residing at 24 Thirumalaiappan Street, Purasawalkam, Chennai 600 007.
3.A.Mohammed Fazil, No.14, Thana Street, Purasawalkam, Chennai 600 007. ...Respondents/Defendants
Application praying that this Hon'ble Court be pleased to direct the registry to return the documents morefully setout in the Master Summon's herein below to the petitioner.
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This application coming on this day before this Court for hearing, The
Court made the following order:
addition to that he has created a mortgage deed and handed over the title deeds of the documents to the plaintiff. Those documents were submitted by the plaintiff in the suit. After the filing of this suit, both parties went on compromise and accordingly the suit was disposed. Now, the plaintiff has come forward with this application to return the documents filed along with the plaint to him.
mortgage deed were executed in favour of the plaintiff for the amount borrowed by the defendants. Since the matter has been settled, the documents like pronotes, memorandum of understandings, mortgage deed are become void and useless by the force of the decree. They shall not be returned back to the plaintiff.
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the plaintiff. Therefore, it is ordered to return Ex.P2, Ex.P6 and Ex.P8 the registered sale deed documents only to the applicant/plaintiff on proper undertaking by substituting the same with attested copies. Accordingly, this application is partly allowed.
Sd/-THE MASTER 05.04.2022
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether the plaintiff is entitled to the return of original title deed documents after a loan suit is compromised.
Whether contractual documents like promissory notes and mortgage deeds remain with the court after settlement.
D.Saravana Raj
N.Ali Khan
A.Wahita Banu
A.Mohammed Fazil
Munishwar Nath Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
