Madras High CourtCMP(MD)/10302/2022ordered

R.Suresh v. A.D.Maniraj

2022-12-06Honourable Mrs Justice N. Mala2 pages

CMP(MD). No.10302 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Sixth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD). No.10302 of 2022 in A.S.(MD)No.19 of 2009 1.R.Suresh 2.R. Lakshmi

3. Giddie @ Lakshmi

4. Indira

5. Ramesh.

... Petitioners/Appellants Vs A.D.Maniraj ... Respondent/Respondent Prayer in CMP(MD). No.10302 of 2022:- Civil Miscellaneous Petition filed Under Section 151 of C.P.C. to permit the petitioner to withdraw the sum of Rs.2,00,000/- (Rupees Two Lakhs) along with the entire accrued interest which was deposited pursuant to the order of this Honourable Court dated 2303-2009 in M.P.(MD).No.1 of 2009 in A.S.(MD).No.19 of 2009 to the credit of the suit in O.S.No.95 of 2006 on the file of learned Additional District and Sessions Judge (Fast Track Court-I), Madurai on 13-06-2009.

Prayer in A.S.(MD)No.19 of 2009:- Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the judgment and decree passed in O.S.No.95 of 2006 on the file of the learned Additional District cum Sessions Judge (Fast Track Court-I), Madurai dated 23.09.2008. ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. M.P. Senthil, Advocate for the Petitioners, this Court made the following order:

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CMP(MD). No.10302 of 2022 "This application is filed seeking permission to withdraw a sum of Rs.2,00,000/- along with entire accrued interest, which was deposited to the credit of suit in O.S.No.95 of 2006 on the file of learned Additional District and Sessions Judge (Fast Track Court-I), Madurai on 13.06.2009 pursuant to the order of this Court, dated 23.03.2009 in M.P.(MD)No.1 of 2009 in A.S.(MD)No.19 of 2009.

2. The appeal was allowed in favour of the Petitioner. Therefore, the petitioner has filed this application for withdrawal of the said amount.

3. I have gone through the affidavit filed in support of this petition and I am satisfied with the reasons stated therein. Therefore, the petitioner is permitted to withdraw a sum of Rs.2,00,000/-. Hence, this petition is accordingly ordered." Sd/- Assistant Registrar (CS-II) // True Copy // /12/2022 Sub Assistant Registrar(CS) TO

1. The Additional District and Sessions Judge, (Fast Track Court-I), Madurai.

Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+ 1c.c. To M/s. M.P. Senthil SR.No.60331.

ORDER DATED : 06/12/2022 ==========================

ORDER

========================== CMP(MD). No.10302 of 2022 in A.S.(MD)No.19 of 2009 Giving direction and etc.

as stated within.

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