Disposed

Lakshmi.R v. The Principal District Judge

Madras HC18 Dec 2023WP(MD)/29830/2023

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus directing subordinate courts in Madurai to provide certified copies of a 1992 judgment pending since a July 2023 application. The High Court directed the courts to inform the status, after which the matter was disposed of with liberty to pursue the application once courts report receipt of records.

What did the court decide?

Writ petition disposed of; No costs. Petitioner granted liberty to pursue the application once the concerned court confirms receipt and processing of records.

Lakshmi.R Vs The Principal District Judge — Civil Procedure and Limitation | Madras HC (2023)

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W.P.(MD)No.29830 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.12.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.29830 of 2023

R.Lakshmi

... Petitioner

Vs.

1.The Principal District Judge, Combined District Court Buildings, Madurai-625 020.

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2.The II Additional Subordinate Judge, Combined District Court Buildings, Madurai-625 020. ...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to provide certified copies of the judgment and decree dated 23.06.1992 made in O.S.No.951 of 1991 and affidavit & petition in I.A.No.192 of 1995 on the file of the 2^nd respondent Court on the basis of the petitioner's copy application dated 04.07.2023 bearing Nos. 8737 and 8738/2023 and on the basis of the petitioner's representations dated 01.08.2023 and 07.10.2023.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.29830 of 2023

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For Petitioner : Mr.I.Sriranganathan

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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The prayer sought for in the Writ Petition is to direct the respondents 1 and 2 to provide certified copies of the judgment and decree dated 23.06.1992 made in O.S.No.951 of 1991 and affidavit & petition in I.A.No.192 of 1995 on the file of the 2^nd respondent on the basis of the petitioner's copy application dated 04.07.2023 bearing Nos.8737 and 8738/2023 and on the basis of the petitioner's representations dated 01.08.2023 and 07.10.2023.

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2.The grievance of the petitioner is that copy application filed on 04.07.2023, seeking certified copy of the judgment and decree dated 23.06.1992 made in O.S.No.951 of 1991 is yet to be complied with.

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3.Normally, such Writ Petitions are not entertainable, in view of the fact

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that the litigants are bound to pursue their applications before the Court concerned. In the present case, the application was filed on 04.07.2023 and four

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.29830 of 2023

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months lapsed. Therefore, we have directed the learned 2^nd Additional Subordinate Judge, Madurai to inform the present status of the application. The learned 2^nd Additional Subordinate Judge, vide letter dated 15.12.2023 informed us that entire records in O.S.No.951 of 1991 on the file of the 2^nd Additional Sub Court, Madurai was transferred to the Principal District Munsif Court, Madurai Town in pursuance of pecuniary jurisdiction after rectification of defects in D.No.2825, dated 13.10.2005.

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4.The learned Principal District Munsif vide letter dated 15.12.2023 informed this Court that entire records in O.S.No.951 of 1991 on the file of the III Additional Sub Court, Madurai had been received by this Court and re-submitted to the II Additional Sub Court, Madurai for rectification of defects in D.No. 103/2006, dated 17.02.2006 of this Court.

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5.Since action has been taken by the Court concerned, the petitioner is at

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liberty to pursue his application. The respondents are directed to consider the application and comply with the same as expeditiously as possible.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.29830 of 2023

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6.With the above observations, this Writ Petition stands disposed of. No

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costs.

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(S.M.S., J.) & (L.V.G., J.)

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18.12.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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Yuva

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1.The Principal District Judge, Combined District Court Buildings, Madurai-625 020.

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2.The II Additional Subordinate Judge, Combined District Court Buildings, Madurai-625 020.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.29830 of 2023

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S.M.SUBRAMANIAM, J. AND L.VICTORIA GOWRI, J.

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Yuva

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W.P.(MD)No.29830 of 2023

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18.12.2023

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5/5

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https://www.mhc.tn.gov.in/judis

Lakshmi.R v. The Principal District Judge

Case brief

What is this about?

What did the court decide?

Lakshmi.R v. The Principal District Judge

Case brief

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What did the court decide?

What the court decided

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