Madras High Court
Uma Suryan vs Ammaiyakkal on 11 January, 2022
C.R.P.(MD)No.1232 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD)No.1232 of 2021
Uma Suryan ... Petitioner
Vs.
1.Ammaiyakkal
2.S.Selvaraja
3.Anbuvalli ... Respondents
PRAYER:- Civil Revision Petition filed under Section 115 CPC., to set
aside the fair and decreetal order passed by the learned Principal District
Judge at Madurai in D.R.P.No.15 of 2020 in O.S.No.60 of 2012 dated
12.03.2021 and to direct the learned Principal District Judge at Madurai
to return of documents Ex.B6 to Ex.B27 filed in D.R.P.No.15 of 2020 in
O.S.No.60 of 2012.
For Petitioner : Mr.T.K.Rajasekaran
For R1 & R2 : No Appearance
For R3 : Mr.K.K.Ramakrishnan
1/4
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C.R.P.(MD)No.1232 of 2021
ORDER
The revision petitioner is the first defendant, who is challenging
the dismissal of his petition filed under Order XIII Rule 9 for return of
Exs.B6 to B27 filed by him.
2.Brief facts of the case are as follows:
The respondent/plaintiff had filed the suit in O.S.No.60 of 2012 on
the file of the Principal District Judge, Madurai, which was made over to
the I Additional District Court, Madurai. In the said suit, the first
defendant had filed Exs.B6 to B27. Ultimately, the suit was dismissed by
a judgment and decree dated 18.09.2020. The revision petitioner/first
defendant filed a petition in DRP.No.15 of 2020 for the return of the
documents for enabling him to pay tax and get the same transferred into
his name. The plaintiffs 1 and 2, who are the respondents 1 and 2 herein,
had filed a counter stating that the petition was not maintainable and did
not satisfy the requirements under Order XIII Rule 9. Judgment was
pronounced on 18.09.2020 and copy application had been filed and after
obtaining certified copies, the second plaintiff/second respondent had
filed an appeal in AS.(MD)No.50 of 2021 on the file of this Court on
16.12.2020 and since the appeal is pending, the documents cannot be
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C.R.P.(MD)No.1232 of 2021
returned. The third respondent had filed a counter also on same lines
and submitting that he would be entitled to receive the documents back
once the appeal is disposed of. The learned Judge taking note of the fact
that AS.(MD)No.50 of 2021 is pending on the file of this Court and
records had been called for by order dated 25.02.2021, the Court could
not pass orders for returning the documents. Therefore, petition was
dismissed. The said order is the subject matter of challenge.
3.Perusal of the impugned order does not show any infirmity, since
it is seen that the judgment has been challenged before this Court and
this Court has directed the records to be transferred to the file of this
Court. In these circumstances, the learned Judge cannot pass orders for
return of the document. If the petitioner so pleases, it is always open for
him to move this Court for appropriate orders. In the above
circumstances, the civil revision petition is dismissed confirming the
order passed in D.R.P.No.15 of 2020 in O.S.No.60 of 2012. No costs.
11.01.2022
gns
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
C.R.P.(MD)No.1232 of 2021
P.T.ASHA,J.
gns
To
The Principal District Court,
Madurai.
C.R.P.(MD)No.1232 of 2021
11.01.2022
https://www.mhc.tn.gov.in/judis
