The Court permitted the petitioner in an original suit to withdraw the entire deposited amount and accrued interest from a lower court without furnishing security, pending the disposal of the current civil appeal.
Petitioner permitted to withdraw the entire deposited amount and accrued interest without furnishing security.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Civil Appellate Jurisdiction
Tuesday, the Twenty Sixth day of October Two Thousand Twenty One
PRESENT
THE HON`BLE MS.JUSTICE P.T.ASHA
CMP.No.6093 of 2020
in AS.No.879 of 2018
T.DEEPA [ PETITIONER ]
Vs
1 THE SPECIAL TAHSILDAR(L.A) [ RESPONDENTS ] UNIT IV OUTER RING ROAD PROJECT, PHASE II CMDA, KOYAMBEDU, CHENNAI 600 092.
2 THE MEMBER SECRETARY CMDA EGMORE, CHENNAI 600 008.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to withdraw the entire deposited amount along with accrued interest till date, pending to the credit of LAOP NO.177/11 on the file of Subordinate Judge at Poonamallee without furnishing security, (in CMP.No.6093 of 2020) pending final disposal of this AS.No.879 of 2018.
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.S.VIJAY ANAND, Advocate for the petitioner and of MR.EDWIN PRABHAKAR, Government Advocate for 1st Respondent and of M/S.P.VEENA SURESH, Advocate for 2nd Respondent the court made the following order:-
This petition has been filed to permit the petitioner to withdraw the entire deposited amount along with accrued interest till date, pending to the credit of LAOP No.177/2011 on the fie of the learned Subordinate Judge at Poonamallee, without furnishing security, pending disposal of this appeal.
2.The claimant is on appeal before this Court. The first respondent has deposited the amount as per the direction of this Court in CMP No.23097 of 2018 dated 24.01.2019. The respondents have not challenged the order passed by the learned Subordinate Judge, Ponnamalle in LAOP No.177 of 2011.
3.Considering the above, the petitioner is permitted to withdraw the entire deposited amount.
-sd/-
26/10/2021 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
THE SUBORDINATE JUDGE, POONAMALLEE
Order in CMP.No.6093 of 2020 in AS.No.879 of 2018
Date :26/10/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(27/10/2021)(IT)
T. Deepa
The Special Tahsildar (L.A)
The Member Secretary CMDA
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
