M.P.Ramasamy vs S.Charles Chandrasekar
2021 Latest Caselaw 24085 Mad

                                                                                S.A(MD)No.1122 of 2009


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 07.12.2021

                                                          CORAM

                          THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                              S.A(MD)No.1122 of 2009
                                                       and
                                             C.M.P(MD)No.1135 of 2020

                    M.P.Ramasamy                                         ... Appellant

                                                            Vs.


                    S.Charles Chandrasekar,
                    Rep. by its Power Agent,
                    Ms.Alphonsa Royan,
                    W/o. Lovelyn Royan,
                    Veerapandianpattinam,
                    Thiruchendur Taluk.                                 ... Respondent



                    PRAYER: Second Appeal filed under Section 100 of the Code of Civil
                    Procedure, 1908, against the Judgment and Decree dated 30.04.2009
                    in A.S.No.45 of 2005 on the file of the Sub Court, Tuticorin, confirming
                    the judgment and decree dated 06.10.2004 passed in O.S.No.224 of
                    2003 on the file of the Additional District Munsif, Tuticorin.


                                          For Appellant           : Mr.R.J.Karthick
                                          For Respondent          : Ms.P.Jessi Jeeva Priya




                    1/4

https://www.mhc.tn.gov.in/judis
                                                                               S.A(MD)No.1122 of 2009



                                                      JUDGMENT

The respondent/plaintiff filed a suit in O.S.No.224 of 2003 on the

file of the Additional District Munsif, Thoothukudi, for return of the

document, which is in the nature of agreement to sell the property,

under which, the land owner has handed over the original document to

the agreement holder, namely, the defendant. The trial Court as well as

the first Appellate Court have given a finding that the

appellant/defendant is holding the original document of the disputed

property illegally and he has to return the same.

2.The learned counsel appearing for the appellant submitted that

as per the said findings, the appellant/defendant had returned the said

document before the Execution Court on 27.08.2021 and hence, the

prayer sought for in the plaint has been complied with and accordingly,

the Second Appeal has become infructuous. The learned counsel

further submitted that the defendant had filed another suit in

O.S.No.12 of 2007 before the Sub-Court, Tuticorin, for the relief of

specific performance.

https://www.mhc.tn.gov.in/judis S.A(MD)No.1122 of 2009

3.The learned counsel appearing for the respondent/plaintiff also

agreed that the appellant had returned the original document on

27.08.2021.

4.Recording the submissions made by the learned counsel

appearing on either side, the Second Appeal stands dismissed as

infructuous. However, regarding the claim made by the appellant that

he has filed another suit in O.S.No.12 of 2007 before the Sub-Court,

Tuticorin, for the relief of specific performance, it is open to the parties

to contest the same on its own merits. No costs. Consequently,

connected Miscellaneous Petition is closed.

07.12.2021 Index : Yes/No Internet : Yes/No

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

https://www.mhc.tn.gov.in/judis S.A(MD)No.1122 of 2009

V.BHAVANI SUBBAROYAN, J.

ps

To

1.The The Subordinate Court, Tuticorin.

2.The Additional District Munsif, Tuticorin.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in S.A(MD)No.1122 of 2009

07.12.2021

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