M.Abdul Razak v. Mohammad Haneefa

1/4 Cr.R.P (MD) No.2014 of 2025 and C.M.P (MD) No.11688 of 2025 M.DHANDAPANI, J .

This matter is posted today under the caption "for Being Mentioned" at the instance of the learned counsel for the petitioner.

2. This Court, by an order dated 06.08.2025 allowed this Civil Revision Petition in favour of the petitioner, directing the trial Court to disburse Rs.32 lakhs to the third party purchaser, which was deposited by him, within a period of one week from the date of receipt of a copy of the order. However, the grievance of the 3rd party purchaser is that the petitioner had purchased the property by depositing Rs.32,11,070/-. Whereas, the Court is prepared to disburse a sum of Rs.31,21,010/- after deducting the bounty fees and the balance amount is Rs.90,060/- as shortfall and the same has to be paid only by the petitioner.

3. In response, the learned counsel appearing for the petitioner submitted that the petitioner is ready to pay Rs.90,060/- by way of a demand draft, within a period of three weeks from the date of receipt of a copy of this order.

4. In view of the above submissions, para 6 of the order dated 06.08.2025, passed in C.R.P (MD) No.2014 of 2025, stands replaced with the following:

2/4 "(i) The trial Court is directed to disburse Rs. 31,21,010/-, to the third party purchaser, after deducting the bounty fees, within a period of one week [1] week from the date of receipt of a copy of this order; (ii) The trial Court is directed to deposit the amount of Rs.5,00,000/- deposited by the petitioner in a nationalised bank, in an interest bearing account; (iii) The trial Court is directed to restore the suit, without passing any formal orders in I.A Nos.2 & 3 of 2025 and allow the parties to let in any evidence and dispose of the suit, within a period of six [6] months from the date of receipt of a copy of this order.

5. Further, paras 6(iv), (v) & (vi) are also to be inserted as follows:

(iv) The petitioner is directed to pay the balance amount of Rs.90,060/- by way of a demand draft within a period of three [3] weeks from the date of receipt of a copy of this order.

(v) Liberty is granted to the petitioner to work out his remedy in terms of Order XXI Rule 89 of CPC, in the manner known to law.

(vi) If the petitioner fails to pay the said amount,

3/4 liberty is granted to the third party purchaser to mention before this Court for recalling the earlier order. 09.09.2025 uma Note: Registry is directed to issue fresh order copy after making necessary corrections.

M.DHANDAPANI, J.

uma

4/4 C.R.P (MD) No.2014 of 2025 and C.M.P (MD) No.11688 of 2025 09.09.2025