Madras High CourtCMP(MD)/3365/2018allowed

Gowri Nandhini, v. Janagarajan,

2018-06-21Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CMP(MD) No.3365 of 2018 IN CRP(MD) No.1693 of 2015 GOWRI NANDHINI, ... PETITIONER/RESPONDENT Vs JANAGARAJAN, ... RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order permitting the petitioner to withdraw the Rs.50,000/- which was deposited s per the direction of this Honble Court dated 5.11.2015 in MP(MD)No.1 of 2015 in CRP(MD)No.1693 of 2015 in the credit of Learned Subordinate Judge, Virudhunagar with accrued interest and pass such further or other orders as this Honble Court may deem fit and proper in the nature and circumstances of the case and thus render justice.

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.V.SASIKUMAR, Advocate for the petitioner and of MR.G.MARIMUTHU, Advocate for the Respondent the court made the following order:- This Court by an order, dated 05.11.2015 directed the respondent to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of I.A.No.46 of 2014, on the file of the Sub Court, Virudhunagar. The said amount was already deposited by the respondent.

2.Now, the petitioner filed an application seeking permission of this Court to withdraw the deposited amount. Therefore, this Court is inclined to allow the C.M.P(MD)No.3365 of 2018. https://hcservices.ecourts.gov.in/hcservices/ 3.Accordingly, this petition is allowed by directing the

petitioner to file an appropriate application before the Sub Court, Virdhunagar and on filing such application, the learned Sub Judge, Virudhunagar is directed to pass an orders on merits and in accordance with law, granting permission to withdraw the deposited amount, within a period of two weeks, after giving notice to the respondent.

4.Post the matter on 17.07.2018.

sd/- 21/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE VIRUDHUNAGAR DISTRICT +1. C.C. to M/S.V.SASIKUMAR Advocate SR.No.11009

ORDER

IN CMP(MD) No.3365 of 2018 IN CRP(MD) No.1693 of 2015 Date :21/06/2018 SMA/CM-VR/SAR-1/26.06.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/