This is a petition filed under Article 227 of Constitution of India seeking a direction to dispose of Ext.P3 petition filed by the petitioner for return of the document which he claimed to have produced in the suit. 2. It is not in dispute that the suit has attained finality and no further proceedings remain in the matter. The petitioner sought for return of the document made mention of in Ext.P3 for availing of a loan from the Bank. The grievance is that the matter is being adjourned from time to time without taking a decision in the matter and that causes irreparable loss and injury to the petitioner.
3. One fails to understand the delay of the court in disposing of the petition. Since the proceedings have attained the finality, there is no justification in not -2-
O.P.(C). No. 2407 of 2014 returning the document. Even otherwise if a document which is marked and sought return of, the usual procedure is that petitioner is directed to submit the certified copy of the same and also file an affidavit if so directed and produce the original document as and when required by the court. There is no reason as to why the same procedure should not be followed in the case on hand.
This petition is allowed and the court below is directed to return the document on condition that the petitioner substitutes with certified copy and also files and affidavit to the effect that he/she shall produce the original document as and when required by the court.
Sd/-
P.BHAVADASAN JUDGE das