Alagammal v. Selvan
Case brief
What is this about?
In a civil miscellaneous petition for delayed return of documents after a prior order became infructuous, the bench found the petitioners' delay excusable in light of a prior settlement and allowed the petition.
What did the court decide?
Registry directed to receive original documents Ex.B13, B18, B16 and B9.
What the court decided
CMP(MD) No.1294 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighteenth day of March Two Thousand and Twenty Two PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.1294 of 2022 IN SA(MD) No.507 of 2017
ALAGAMMAL ... PETITIONER/RESPONDENT
Vs
SELVAN ... RESPONDENT/PETITIONER
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to accept the returning the documents in Ex-B13,B18,B16 and B9, with a delay of 370 days as per the order of this Hon'ble High Court dated 05-03-2020 and to accept the remaining of the documents in ExB10, B11,and B14.
PRAYER IN SA(MD)No.507 of 2017:
Pleased to set aside the Judgment and Decree passed in A.S.No.28 of 2013 on 27.02.2015 on the file of IVth Additional District Court, Tirunelveli confirming the Decree and Judgment passed in O.S.No.9 of 2010 on the file of Sub Court, Ambasamuthiram dated 03.12.2012 and allow this Second Appeal.
Issues for consideration
1 issue framed by the court
Whether the civil miscellaneous petition seeking the return of documents filed after a delay of 370 days should be allowed.
Parties & counsel
- respondent
ALAGAMMAL
- petitioner
SELVAN
Coram
R. THARANI
Case details
As recorded by the court registry
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