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2025 Supreme(Online)(Mad) 28853

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
S.Kannappan – Appellant
Versus
Esakkiammai – Respondent
C.R.P(MD)No.3107 of 2024 | C.M.P(MD)No.17796 of 2024



Advocates:
For the Appellants/Petitioners: Mr.S.Vashik Ali for Mr.R.Murugan
For the Respondents:

The petitioner is entitled to the return of admitted documents under Order XIII, Rule 9 of the Civil Procedure Code, 1908 without requiring notice to the defendant.

Headnote:This judgment analyzes the petitioner’s request under Article 227 of the Constitution of India regarding the docket order of the trial court. The court found that the petitioner was entitled to return of documents under Order XIII, Rule 9 of the Civil Procedure Code, 1908, given no appeal was preferred. The primary issue was whether notice to the defendant was necessary prior to the document return. The court concluded the trial court's order was set aside and instructed the return of the documents without notice to the first respondent.

Table of Content
1. court's directive to the trial court on document return. (Para 3)

ORDER

The present Civil Revision Petition is preferred to set aside the docket order, dated 28.10.2024 passed in R.P.No.48 of 2024 in O.S.No.

171 of 2015 on the file of the II Additional Sub Court, Nagercoil.

2. According to the revision petitioner, the suit in O.S.No.171 of

2015 was filed by the revision petitioner and the same has attained finality by virtue of a compromise decree, dated 02.02.2016. Thereafter, the revision petitioner has filed an application in R.P.No.48 of 2024 for return of documents marked as Exhibits A.1 to A.8. However, the Trial Court ordered notice to the first respondent / defendant, which is not required. As per Order XIII, Rule 9 of the Civil Procedure Code, 1908, the petitioner is entitled to get back the admitted documents marked in the suit and since there is no appeal preferred, the petitioner is entitled to get back the documents marked on its side as Exhibits A.1 to A.8.

3. Considering the above facts and circumstances of the case, the docket order passed by the Trial Court is set aside and the Trial Court is directed to consider the application in R.P.No.48 of 2024 without ordering any notice to the first respondent, within a period of fifteen (15)

days from the date of receipt of a copy of this order.

4. Accordingly, this Civil Revision Petition stands disposed of.

There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

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