Arulmigu Dhandayuthapaniswamy v. T.S. Sithi Basheer Bibi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3891 of 2017 IN AS No.549 of 2002 ARULMIGU DHANDAYUTHAPANISWAMY TEMPLE, NETAJI ROAD, MADURAI THRO.ITS EXECUTIVE OFFICER. ... PETITIONER/1ST RESPONDENT Vs 1 T.S. SITHI BASHEER BIBI 2 V.A.M. KATHIJTHE FATHIMA 3 V.A.M. KHADER ABDUL KHADER V.A.M. SIDDHI HABIBE(DIED) 4 V.A.M. AHMED BHHARI 5 S.S.M. ABDUL KADER SAHIB 6 RAMEEZA 7 ABDUL KADER BASAYIR 8 AYESATH BASEEHA 9 RAHMATH ZIYADHA 10 ABDUL KADER WAJITH 11 SABEELA ...1 TO 11 RESPONDENTS/ 1 TO 3 AND 5 TO 12 APPELLANTS 12 C. RAMALINGAM 13 PAPPATHI AMMAL 14 CHELLPPA 15 KARUPPAIAH 16 A.V. KARUPAIAH 17 T. MANI 18 NAGABAL AMMAL 19 MAHAVIR CUT PIECE CENTRE HAVING ITS BUSINESS AT, 180, NETHAJI ROAD, MADURAI-1.
REP BY PROPRIETOR.
20 SRI DHANALAKSHMI ENTERPRISES HAVING ITS BUSINESS AT 181, DINDIGUL ROAD, MADURAI-1 21 TIRUPUR CUT PIECE CENTRE REPRESENTED BY ITS PROPRIETOR,
HAVING ITS OFFICE AT 183, DINDIGUL ROAD, MADURAI-1.
22 SARASWATHI STORES 184,DINDIGUL ROAD, MADURAI-1, REP BY ITS PROPRIETOR.
23 TES MEDICALS HAVING ITS BUSINESS AT 184, DINDIGUL ROAD, MADURAI-1 THRO. ITS PROPRIETOR.
24 SHENBAGAM 25 MUTHURAJA 26 SRI MEENAKSHI SUNDARESWARAR UTSAVA, SARVAJANA SAHAYA TRUST, THRO .ITS TRUSTEE, 128, MELA MASI VEETHI, MADURAI-1.
27 P.K.P. MUTHUSADAYA PILLAI 28 C. RAJENDRAN 29 M.S. KHALIQ AUTOMOBILES 30 R. CHANDRA 31 R. RAMESH 32 R. VENKATESAN 33 RAMALAKSHMI AMMAL 34 V. SARASWATHI AMMAL 35 T. GOVINDA SINGH 36 SIDDHI FANCY STORES 181, NETHAJI ROAD, MADURAI-1.
37 PUSHPARAJ SHAJI 38 A. LALITHA SHAJI 39 S. RAJALINGAM 40 S. SUNDARALINGAM 41 S. AMIRTHALINGAM 42 S. JAMBULINGAM 43 KANNA LINGAM 44 S. MAHESWARI 45 S. PARAMESWARI 46 S. JAGADEESWARI ...6 TO 46 RESPONDENTS/ 12 TO 16 AND 18 TO 46 RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the Petitioner/Temple to withdraw the entire amount with acquired interest deposited by the 1 to 11th Respondents/Appellants in the above AS 549/2002. PRAYER IN AS No.549 of 2002:
Memorandum of Regular Appeal against the Judgment and Decree in O.S.No.534/1984 dated 31.07.2001, on the file of the
Principal Sub Court, Madurai in decreeing the suit. 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. S. MANOHAR, Advocate for the petitioner and of M/S.PT.S NARENDRAVASAN Advocate for R17 & R19 the court made the following order:- This Miscellaneous Petition has been preferred by the petitioner/ the Executive Officer of the temple seeking permission to withdraw the entire amount with accrued interest that was deposited by the respondents/Appellants 1 to 11 in A.S.(MD)No.549 of 2002.
2.On perusal of records, it is learnt that already the suit in O.S.(MD)No.534 of 1984 was filed before the Principal Sub Court, Madurai and the said suit was decreed in the year 2001, against which, an appeal has been preferred by the respondents before this Court and the same was dismissed and confirmed by the Hon'ble Supreme Court of India.
3.Aggrieved by the same, the respondent, filed C.M.P.(MD) No.5144 of 2002 in A.S.(MD)No.549 of 2002 praying for an order of stay of the operation of the decree and stay was granted on condition to deposit the amount of Rs.2,000/- per month. Hence, now the petitioner who is the Executive Officer of the temple has filed a petition to withdraw the entire amount. 4..Mr.P.T.S.Narendravasan, the learned counsel for the respondents 17 & 19th is present.
5.It is represented by the learned counsel for the respondent No.17 & 19 that he has handed over the bundle and sought for adjournment.
6.This Court has perused the petition filed by the petitioner on satisfying with the averment, this Court is inclined to allow this petition. Accordingly, this petition is allowed. No costs.
sd/- 13/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRINCIPAL SUBORDINATE JUDGE, MADURAI +1. C.C. to M/S.S.MANOHAR Advocate SR.No.2511 GJM/CM/VR/RNB/12.4.18-4P-3C
ORDER
IN CMP(MD) No.3891 of 2017 IN AS No.549 of 2002 Date :13/02/2018