Allowed¶32

J. Lakshmi v. Jayapandian

Madras HC8 Aug 2025CMP(MD)/11905/2025

Case brief

AI extract

What is this about?

Return of original documents; additional documents in second appeal; Order XLI Rule 27 / Order 41 Rule 27 CPC; Section 30(a) r/w 151 CPC; Section 100 CPC; SA(MD) No.196 of 2004; CMP(MD) No.2154 of 2023 dismissed 26.04.2024; Madurai Bench of Madras High Court; Virudhunagar; Srivilliputhur; registry direction; due acknowledgment; seven additional documents; J. Lakshmi v. Jayapandian and others.

What did the court decide?

Direction to the Registry to return all original documents filed in C.M.P(MD)No.2154 of 2023 to the counsel for the petitioner after receiving due acknowledgment. ¶32

J. Lakshmi Vs Jayapandian — Madras HC (2025) — LawSathi Research

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Friday, the Eighth day of August Two Thousand and Twenty Five

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PRESENT

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THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

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CMP(MD). No.11905 of 2025 in

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SA(MD) No.196 of 2004

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J. Lakshmi ... Petitioner/Appellant

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1 Jayapandian

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2 Jagadeesan

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3 Palkannan( Died)

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4 Kathiresan

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5 Atheeswaran 6 Shanmugam

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7 Jayaraj

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8 Ponnuchamy

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9 Irulappan

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10 Kasi

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11 Soundravalli

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https://www.mhc.tn.gov.in/judis 12 Raja

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... Respondents/Respondents

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:- Prayer in CMP(MD) No.11905 of 2025

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The Civil Miscellaneous Petition filed under Section 30(a) r/w 151 of C.P.C., to return the all the original documents as additional documents in CMP(MD) No.2154/2023 in SA(MD) No.196/2004.

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: Prayer in CMP(MD). 2154 of 2023

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The Civil Miscellaneous Petition filed under Order 41 Rule 27 of C.P.C., to permit the Petitioner to receive the Petition metioned documents as additional documents in the S.A. (MD). No. 196 of 2004.

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Prayer in SA(MD) No.196 of 2004

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Second Appeal is filed under Section 100 of CPC, against the decree and the judgment dated 28.06.2004 passed in A.S.No.89 of 2003 on the file of the Principal District Judge of Virudhunagar District at Srivilliputhur, confirming the decree and judgment dated 16.07.2003 passed in O.S.No.69 of 2000 on the file of the Additional District Munsif of Srivilliputhur.

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ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Vellaichamy, Advocate for the Petitioner, this Court made the following order:

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The present Civil Miscellaneous Petition has been filed by the appellant seeking permission of this Court to return all the original documents that were filed before the Court under an application under Order XLI, Rule 27 of the Code of Civil Procedure, 1908 in C.M.P(MD)No.2154 of 2023.

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

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2. A perusal of the records reveal that the petitioner herein has filed C.M.P(MD) No.2154 of 2023 seeking the permission of the Court to receive seven additional documents. Since the Civil Miscellaneous Petition was dismissed on 26.04.2024 along with main appeal, the present petition has been filed.

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3. Considering the above said facts, Registry is directed to return all the documents that were filed in C.M.P(MD)No.2154 of 2023 after receiving due acknowledgment from the Counsel for the petitioner. Accordingly, the petition

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stands allowed.

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Sd/-

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Assistant Registrar(CS II) // True Copy //

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/ /2025 Sub Assistant Registrar (CS- I/ II / III / IV)

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The Section Officer, E.R. Section, Madurai Bench of Madras High Court, Madurai.

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