1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.2445 of 2011 Sakthivel .. Petitioner/Plaintiff Vs. 1.Jagathambal 2.N.Karuppusamy .. Respondents/Defendants Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 03.11.2010 passed in Interlocutory Application No.705 of 2010 in Original Suit No.339 of 2009 by the District Munsif Court, Palani. For Petitioner : Mr.V.R.Venkatesan ORDER This Civil Revision Petition has been directed against the order dated 03.11.2010 passed in Interlocutory Application No.705 of 2010 in Original Suit No.339 of 2009 by the District Munsif Court, Palani. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.339 of 2009 on the file of the Court below for the reliefs of declaration and permanent injunction. Along with the plaint, certain documents have been filed. During pendency of Original Suit No.339 of 2009, the present petition has been filed in Interlocutory Application No.705 of 2010 by the plaintiff as petitioner so as to return the documents dated 18.06.2009 by way of receiving its certified copies. The Court below has dismissed the same. Against the dismissal order, the present Civil Revision Petition has been filed. 3. Considering the nature of the order passed by the Court below, notice need not be sent to the respondents and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioner has contended that the documents mentioned in the petition are nothing, but original partition deed and settlement deed and the same are required for some other purpose and under the said circumstances, the present petition has been filed so as to get back the documents after substituting the same by way of giving https://hcservices.ecourts.gov.in/hcservices/ 2 certified copies and the Court below without assigning any reason has simply dismissed the petition and therefore the order passed by the Court below is liable to be set aside. 5. In fact, this Court has perused the order passed by the Court below and the Court below has simply dismissed the petition without assigning any reason. 6. Considering the fact that the documents mentioned in the petition have been filed along with the plaint filed in Original Suit No.339 of 2009 and also considering that the documents mentioned in the petition are registered documents and the revision petitioner has attempted to get back the documents after substituting the same by way of giving certified copies, this Court is of the view that the relief sought for in Interlocutory Application No.705 of 2010 in Original Suit No.339 of 2009 can easily be granted in favour of the revision petitioner/ plaintiff. As stated earlier, the Court below without assigning any reason has simply dismissed the petition and therefore the order passed by the Court below is liable to be set aside. 7. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order passed in Interlocutory Application No.705 of 2010 in Original Suit No.339 of 2009 by the District Munsif Court, Palani is set aside and the petition filed in Interlocutory Application No.705 of 2010 in Original Suit No.339 of 2009 is allowed without costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The District Munsif Court, Palani. +1cc to Mr.V.R.Venkatesan, Advocate Sr.No.45805 smn ssk/09.01.2012 /3c-2p/- C.R.P(PD)(MD)No.2445 of 2011 22.12.2011 https://hcservices.ecourts.gov.in/hcservices/