Madras High Court

CRP(MD)/1251/2025 of S.A.Abbas Vs Kumar on 29 September 2026

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CRP(MD) No. 1251 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29-09-2026

CORAM

THE HON'BLE MS.JUSTICE R. POORNIMA

CRP(MD) No. 1251 of 2025

CNR:{HCMD010489642025}

S.A.Abbas

...Petitioner(s)

Vs

1. Kumar

2. J.Mahesh

...Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of The Constitution of India to direct the Principal District Judge, Tirunelveli to set aside the unnumbered docket order dated 25.02.2025 in unnumbered IA SR No.18726 of 2024 in OS No.77 of 2013 on the file of Principal District Judge, Tirunelveli and to number the same and thus render justice.

For Petitioner(s):

Mr.H.Arumugam for Mr.K.Anand

For Respondent(s):

M/s.Sivaranjani, (Legal Aid Counsel)

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ORDER

This petition has been filed to direct the Principal District Judge, Tirunelveli, to set aside the unnumbered docket order dated 25.02.2025 in unnumbered IA.SR No.18726 of 2024 in OS No.77 of 2013 on the file of Principal District Judge, Tirunelveli. __________

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CRP(MD) No. 1251 of 2025

2. The petitioner is the first defendant, and the first respondent is the plaintiff in O.S. No.77 of 2013. The suit was filed by the first respondent herein for specific performance. The Trial Court, by order dated 23.06.2014, decreed the suit against the petitioner herein by granting the relief of specific performance of the contract of sale and also granted two months time for execution. Aggrieved by the same, the petitioner filed an appeal in A.S. No.196 of 2014 before this Court.

3. At the stage of admission, by the order dated 03.03.2015, this Court directed the petitioner to deposit a sum of Rs.15,00,000/- in the Trial Court account within a period of two weeks from the date of receipt of a copy of the order and granted interim stay. The same was also complied with by the petitioner. Further, this Court directed the Trial Court that, upon such deposit being made by the petitioner, the amount should be deposited in any one of the nationalised banks near the Trial Court, initially for a period of one year, subject to periodical renewal.

4. Thereafter, the said appeal was allowed in toto on 03.04.2023 by setting aside the order passed by the Trial Court in O.S. No.77 of 2013 dated 23.06.2014. Aggrieved by the same, a Special Leave Petition was filed before the Hon'ble Apex Court in SLP No.18189 of 2023, which was also dismissed on 31.01.2025. __________

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CRP(MD) No. 1251 of 2025

5. Therefore, the petitioner approached the Trial Court for withdrawal of the amount and filed a petition in I.A. No. ....... of 2024, with a prayer to send for the deposited amount of Rs.15,00,000/- along with the accrued interest from the bank to the Civil Court Deposit, so as to enable the petitioner to withdraw the same. However, the Registry, without numbering the same, returned the petition periodically.

6. Thereafter, the matter (IA.SR No.18726 of 2024) was called in open Court. Even in the open Court, the learned Principal District Judge, Tirunelveli, heard the petitioner and returned the petition with a direction to the petitioner to approach this Court for withdrawal of the said amount, stating that the amount sought to be sent for by the petitioner was deposited before the Trial Court as per the direction of this Court and, therefore, the Trial Court could not pass an order permitting the petitioner to withdraw the amount, which was then lying in Canara Bank, Rahmat Nagar Branch.

7. Challenging the above said order dated 25.02.2025, the present petition has been filed.

8. Heard the learned counsel for the petitioner and the learned counsel for the respondents and also perused the materials available on record. __________

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CRP(MD) No. 1251 of 2025

9. On perusal of the records, it is seen that this Court directed the petitioner to deposit the amount only before the Trial Court and also directed the Trial Court to deposit the said amount in a fixed deposit. Therefore, there is no error on the petitioner filing the petition before the Trial Court, as the amount is lying in the Trial Court account and the Trial Court is the proper Court to pass an order.

10. In view thereof, the Principal District Judge, Tirunelveli, is hereby directed to take the petition on file, if already filed by the petitioner, number the same and pass orders in accordance with law.

11. With the above direction, this Civil Revision Petition stands disposed of. No costs. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSS __________

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CRP(MD) No. 1251 of 2025 To

1. The Principal District Judge, Tirunelveli.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai. __________

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CRP(MD) No. 1251 of 2025 R.POORNIMA, J. dss CRP(MD) No. 1251 of 2025 29-09-2026 __________

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