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A.Veerapandian v. N.Nithyanandam (Deceased) 1.C.Anandhi

Madras HC27 Apr 2026CMP/9970/2026

Case brief

AI extract

What is this about?

Withdrawal of court deposit; Section 151 CPC application; fixed deposit payment out; condition of stay in Appeal Suit; restitution contingency; O.S.No.21 of 2022 District Court Karaikal; A.S.No.1019 of 2025; refund of advance under agreement of sale; decreed suit; serious ailment medical treatment expenses; limitation objection deferred to appeal hearing; Madras High Court CMP 2026; C.V. Karthikeyan; K. Rajasekar.

What did the court decide?

Permission to withdraw Rs.33,00,000/- with accrued interest from the fixed deposit to the credit of O.S.No.21 of 2022, District Court, Karaikal; District Court directed to recall the fixed deposit and make payment out; subject to restitution if required depending on the final decision in A.S.No.1019 of 2025. ¶29

A.Veerapandian Vs N.Nithyanandam (Deceased) 1.C.Anandhi — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner (respondent in A.S.No.1019 of 2025) may be permitted to withdraw the amount of Rs.33,00,000/- deposited to the credit of O.S.No.21 of 2022, together with accrued interest. +1 more

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Court's answer

Permission granted to withdraw the deposit subject to order of restitution, if required, depending on the nature of the final decision to be taken in the Appeal Suit.

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Ratio / Principle

The petitioner is permitted to approach the District Court, Karaikal for payment out of the amount deposited by way of fixed deposit; on such event, the District Court is directed to recall the fixed deposit and make payment out together with accrued interest.

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Key takeaways

The limitation objection regarding institution of the suit does not bar the withdrawal; that issue is answerable at the time of hearing the Appeal.ratio¶28

Detailed headnote1 paragraphs

Madras High Court (order by C.V. Karthikeyan J., coram incl. K. Rajasekar J.), CMP No. 9970 of 2026 in A.S.No.1019 of 2025, dated 27-04-2026, filed under Section 151 CPC: permits the petitioner (respondent in the Appeal Suit) to withdraw Rs.33,00,000/- (Rupees Thirty Three Lakhs only) with accrued interest, deposited by way of Fixed Deposit to the credit of decreed suit O.S.No.21 of 2022 (refund of sale advance), District Court, Karaikal, as condition of stay in the Appeal Suit; withdrawal subject to order of restitution if required depending on the final decision in the Appeal; District Court, Karaikal directed to recall the fixed deposit and make payment out with accrued interest; limitation objection raised by respondents' counsel deferred to the hearing of the Appeal. Ground for withdrawal: petitioner's serious ailment and medical treatment expenses.

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CMP No. 9970 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27-04-2026

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CORAM

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THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN

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AND

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THE HON'BLE MR.JUSTICE K.RAJASEKAR

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CMP No. 9970 of 2026 in A.S.No.1019 of 2025

A.Veerapandian

..Petitioner

N.Nithyanandam (Deceased) 1.C.Anandhi,

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N. Thulasi

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M. Arul Mozhi

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4. N. Selvanathan

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..Respondents

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Petition filed under Section 151 of CPC to permit the Petitioner / Respondent herein to withdraw the amount of Rs.33,00,000/- (Rupees Thirty Three Lakhs only) together with interest accrued if any deposited to the credit of the O.S. No.21 of 2022 on the file of the District Court at Karaikal.

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For Petitioner: Mr.T.Sai Krishnan For Respondents: Mr.Avinash Wadhwani

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ORDER

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(Order of the Court was made by C.V.Karthikeyan J.)

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The petition has been filed by the respondent in the Appeal Suit seeking

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permission to withdraw the amount of Rs.33,00,000/-, which had been deposited

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by the appellant in the Appeal Suit consequent to the directions of this court.

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Page1 of 3

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https://www.mhc.tn.gov.in/judis

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CMP No. 9970 of 2026

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The said amount had been deposited by way of Fixed Deposit to the credit of O.S.No.21 of 2022 on the file of the District Court, Karaikal. The said suit in O.S.No.21 of 2022 had been filed by the petitioner seeking refund of advance amount paid by him under an agreement of sale entered with the first defendant. The suit had been decreed. Thereafter, the respondent had filed the present Appeal Suit and as condition of stay, the said amount had been directed to be deposited. Now, it is contended by the petitioner that he is suffering a serious ailment and requires the amount for the expenses towards the medical treatment.

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Learned counsel for the respondents, who had filed counter raised the issue of limitation in institution of the suit. But, that issue is answerable at the time of hearing the Appeal.

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We would grant permission subject to order of restitution, if required, depending on the nature of final decision to be taken in the Appeal Suit. The petitioner is permitted to approach the District Court, Karaikal for payment out of the amount deposited by way of fixed deposit and on such event, the District Court is directed to recall the fixed deposit and make payment out together with accrued interest. The present petition is ordered accordingly.

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(C.V.K.,J.) (K.R.S.,J.) 27-04-2026

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ssk To District Judge, Karaikal.

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__________ Page2 of 3

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https://www.mhc.tn.gov.in/judis

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CMP No. 9970 of 2026

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C.V.KARTHIKEYAN, J. AND K.RAJASEKAR, J.