Madras High CourtCMP/8750/2017dismissed as withdrawal

Noorjahan v. Amutha

2017-07-04Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Fourth day of July Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE R. SUBRAMANIAN CMP No.8750 of 2017 IN AS.707/2012 1 NOORJAHAN [ PETITIONERS ] 2 G.SHAKIRA Vs 1 AMUTHA [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to deposit the amount of Rs.4,37,000/- towards refund of advance amount of Rs.1,90,000/- with interest at 12% per annum from 01/06/2006 till 31/03/2017 in the above suit account O.S.No.264/2010 on the file of the District Judge, District court No.2, Kanchipuram (in CMP No.8750 of 2017) pending disposal above AS.

707/2012 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.SIKKANDAR, Advocate for the petitioner and of M/S.D.STEPHEN, Advocate of the Respondent the court made the following order:- The Appeal in AS No.707 of 2012 was allowed on 18.01.2017, granting the alternative relief of refund of advance amount. 2.The petitioners now seek to deposit the advance amount to the credit of suit in OS.No.264 of 2010 on the file of the learned District Judge, District Court No.2, Kancheepuram.

3. The direction sought for by the petitioners cannot be issued by this Court. It is open to the petitioners to move the trial Court to deposit an amount as per the decree passed by this Court in AS No.707 of 2012 dated 18.01.2017.

4. The petition is dismissed accordingly.

-sd/- 04/07/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DISTRICT JUDGE DISTRICT COURT-2 KANCHEEPURAM C.C. to M/S.A.SIKKANDAR Advocate on payment of necessary charges C.C. to M/S.D.STEPHEN, Advocate on payment of necessary charges Order in CMP.8750/2017 in AS.707/2012 Date :04/07/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (06/07/2017)