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Madras High CourtA/9882/2018ordered

Nirmal Bothra v. A.B.Ashok Bothra,

2018-12-17Honourable Mr Justice K. Kalyanasundaram2 pages

A.No.9882 of 2018 in C.S.No.851 of 2017 K.KALYANASUNDARAM, J., This application has been filed seeking permission to withdraw a sum of Rs.3,75,000/-, which was deposited in the credit of O.A.No.1086 of 2017 in C.S.No.851 of 2017.

2. It seems that the applicant and the respondents are brothers and the suit was filed for permanent injunction. This Court, having found that the respondents are not in possession of the suit property, had disposed of the suit by a judgement dated 11.04.2018.

3.The learned counsel for the applicant would submit that the applicant is the owner of the property and the respondents were only tenants. However, in compliance of the order of this Court, the amount has been deposited and hence there would be no impediment in granting permission to the applicant to withdraw the amount.

4. The learned counsel for the respondents have no serious objection for allowing this application.

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K.KALYANASUNDARAM, J., ms

5. In the light of the above submissions, this application is allowed. 17.12.2018 ms A.No.9882 of 2018 in C.S.No.851 of 2017 http://www.judis.nic.in