Civil revision petition against an order dismissing an application to withdraw balance sale consideration. Court held petitioner not entitled to withdrawal due to possession and pending suit. Impugned order affirmed but deposit location directed.
Civil Revision Petition dismissed; Trial Court directed to deposit amount in a Nationalised Bank.
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C.R.P.(MD)No.2264 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.2264 of 2023
Karu.Malai.Kathiresan ... Petitioner/ Petitioner/ Plaintiff
Vs.
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order passed by the Principal District Court, Sivagangai in I.A.No.3 of 2023 in O.S.No.11 of 2011 dated 24.07.2023 and allow the same.
For Petitioner : Mr.N.Tamilmani For Caveators : Mr.R.Ganesh Babu
1/4
C.R.P.(MD)No.2264 of 2023
ORDER
The Civil Revision Petition is directed against the order passed in I.A.No.03 of 2023 in O.S.No.11 of 2011 dated 24.07.2023 on the file of the Principal District Court, Sivagangai, dismissing the application filed under Section 151 C.P.C. seeking permission to withdraw the balance sale consideration of Rs.12,49,000/- deposited by the revision petitioner into the Court.
C.R.P.(MD)No.2264 of 2023
the trial Court is directed to deposit the amount in any one of the Nationalised Banks, if not already deposited. No costs.
18.10.2023
NCC :yes/No Index :yes/No Internet:yes/No csm
C.R.P.(MD)No.2264 of 2023
K.MURALI SHANKAR,J.
csm
To
Order made in C.R.P.(MD)No.2264 of 2023
Dated : 18.10.2023
1 issue framed by the court
Whether the petitioner is entitled to withdraw the balance sale consideration deposited in Court given his possession and pending litigation regarding sale deed registration.
2 provisions across 2 enactments
Karu.Malai.Kathiresan
S.V.Ganesan
K.Malarvizhi
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
