P.G.Murugesan vs Dhakshyani @ Vishalakshi
2024 Latest Caselaw 21592 Mad

Madras High Court

P.G.Murugesan vs Dhakshyani @ Vishalakshi on 13 November, 2024

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                 C.R.P.[NPD].No.4548 of 2024

                                    THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        Date : 13.11.2024

                                                            CORAM:

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                                 C.R.P.[NPD].No.4548 of 2024

                     P.G.Murugesan                                                  . . . Petitioner

                                                          Versus

                     Dhakshyani @ Vishalakshi                                       . . . Respondent

                     PRAYER : Petition filed under Article 227 of Constitution of India to set
                     aside the Order dated 08.03.2024 made in ARD No.2 of 2023 in O.S.No.2 of
                     2009 on the file of the Additional District Judge, Dharmapuri.


                                       For petitioner     : Mr.J.Nandagopal

                                                          ORDER

Challenging the Order of dismissal of the application filed to return

the documents Ex.B.10 to Ex.B.15 said to have been exhibited in O.S.No.2

of 2009, the Civil Revision Petition has been filed.

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2. The suit in O.S.No.2 of 2009 has been filed by the plaintiff for

partition claiming 1/4th share in the suit property. In the above suit, the

present revision petitioner has been arrayed as fourth defendant. The

revision petitioner filed a suit in O.S.No.116 of 2010 for the relief of

declaration and permanent injunction. Since the parties in both the suits and

the suit properties are one and the same, both the suits were disposed of by

way of a common judgment dated 29.02.2012, wherein the original suit filed

in O.S.No.2 of 2009 has been dismissed whereas the suit filed by the

revision petitioner in O.S.No.116 of 2010 has been decreed in his favour. As

against which four appeals in A.S.Nos.1010 of 2012, 1019 of 2012, 1054 of

2012 and 1068 of 2012 have been filed and it appears that the appeal in

A.S.No.1068 of 2012 has been dismissed for default and the other appeals

are pending before this Court. At this stage, the revision petitioner has filed

an application before the trial Court for return of Ex.B.10 to Ex.B.15 filed in

O.S.No.2 of 2009. The trial Court taking note of the fact that the appeals are

pending and the documents are required in the appeal, dismissed the said

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application. Challenging the same, the present revision petition has been

filed.

3. Heard the learned counsel for the petitioner.

4. As the appeals are pending before this Court, the trial Court

cannot return the documents. If at all the petitioner wants to get back the

documents, it is for the revision petitioner to approach the appellate Court

and file an application in this regard. Hence, I do not find any merits in this

revision petition.

5. Accordingly, this Civil Revision Petition is dismissed. No costs.

13.11.2024

Index : Yes / No Internet: Yes Speaking/non speaking order vrc

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N. SATHISH KUMAR, J.

vrc

13.11.2024

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