Allowed

Mrs. K.Poongathai v. Porchezhian

Madras HC4 Mar 2022CMP/21719/2021

Case brief

AI extract

What is this about?

In a civil miscellaneous petition, the Madras High Court allowed the return of original unmarked documents filed in a dismissed second appeal. The court directed the Registry to return the originals since the proceeding had terminated via dismissal, retaining only a copy for records.

What did the court decide?

Direction to the Registry to return the original unmarked documents filed in C.M.P. No. 22940 of 2018 after retaining a copy.

Mrs. K.Poongathai Vs Porchezhian — Civil Procedure and Limitation | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Civil Appellate Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH CMP.NO.21719 OF 2021 IN SA.NO.333 OF 2016 1 MRS.K.POONGATHAI [ PETITIONERS ] 2 C.KUMAR Vs 1 PORCHEZHIAN [ RESPONDENTS ] 2 GAJENDRAN 3 RANI

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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 order RETURN original unmarked documents 1 to 3 filed in C.M.P.No.22940 of 2018 in S.A.No.333 of 2016 to the petitioners listed herein(CMP.NO.21719/2021)

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Order : This Miscellaneous 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.D.SENTHIL KUMAAR, Advocate for the petitioners and of MR.K.S.GNANA SAMBANDAM, Advocate for the Respondents, the court made the following order:-

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Heard Mr.D.Senthil Kumaar, learned counsel for the petitioners and Mr.K.S.Gnanasambandam, learned counsel for the respondents.

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2. This petition has been filed seeking for the return of the original documents that were filed in C.M.P.No.22940 of 2018 during the pendency of the second appeal.

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3. It is seen from the records that the second appeal itself came to be dismissed by a judgment dated 29.08.2019. By virtue of dismissal of the second appeal, the C.M.P.No.22940 of 2018 also stood dismissed. Hence, the additional documents were not taken on file by this Court.

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

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4. In view of the above, this Court is inclined to allow this petition and there shall be direction to the Registry to return the original documents that were filed along with C.M.P.No.22940 of 2018, after retaining a copy of the same for the purpose of record.

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5. This Civil Miscellaneous Petition is disposed of accordingly.

-sd/-

04/03/2022

/ TRUE COPY /

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

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1 THE VIII ASSISTANT JUDGE, CITY CIVIL COURT, CHENNAI.

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2 THE XVII ADDITIONAL JUDGE, CITY CIVIL COURT, CHENNAI.

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COPY TO:

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THE SECTION OFFICER, ER SECTION, HIGH COURT, MADRAS - 104

Order

CMP.NO.21719 OF 2021

IN SA.NO.333 OF 2016

Date :04/03/2022

From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM(11/03/2022)

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

Mrs. K.Poongathai v. Porchezhian

Case brief

What is this about?

What did the court decide?

Mrs. K.Poongathai v. Porchezhian

Case brief

What is this about?

What did the court decide?

What the court decided

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