K. Chamundia Pillai vs Thangamani

K. Kalyanasundaram, J.—Challenging the order passed by the learned Additional District Judge, Dindigul, in I.A. No. 150/2013 in O.S. No. 169/2004, the defendants 4 to 7 have filed this appeal.

The 1st respondent instituted a suit in O.S. No. 169/2004 against the appellants and other defendants for partition and separate possession, claiming 1/4th share in the suit properties. The suit is resisted by the appellants and the other defendants on various grounds. The 1st respondent filed an application in I.A. No. 76/2004 for interim injunction, restraining the defendants from withdrawing the amount of Rs. 1,84,88,200/- lying in the credit of LAOP. Nos. 16 and 17 of 1988 on the file of the Land Acquisition Tribunal, Dindigul. The 1st respondent has contended that the lands belonging to the joint family property were acquired by the Government and they have deposited the amount in the land acquisition proceedings and the defendants are attempting to withdraw the amount. The above said application was closed on 01.10.2009, holding that the suit is in part heard stage. Though the trial court had granted interim order on 23.06.2004 for a limited period, the same was not extended subsequently and the application was closed as stated above. The 1st respondent has now filed an application in I.A. No. 150/13 for the same relief with the same averments. The learned District Judge has allowed the application, granting interim injunction in favour of the 1st respondent. Aggrieved over the order of the District Judge, the present appeal has been filed.

Heard Mr. VS. Karthi, learned counsel for the appellants and Mr. H. Lakshmi Shankar, learned counsel for the respondents.

Indisputably, the 1st respondent has instituted the suit for partition and the same is pending from the year 2004. It is also not in dispute that the Government has acquired the lands of the parties and the award amount is lying to the credit of the land acquisition proceedings. In the suit, the plaintiff has contended that she is entitled for 1/4th share in the suit properties. But however, in the application filed for seeking interim injunction, she has prayed for injunction in respect of the entire award amount of Rs. 1,84,88,200/-. The learned counsel for the appellants submitted that the 1st respondent/plaintiff is not entitled for 1/4th share in the suit properties as well as 1/4th share in the award amount in the land acquisition proceedings.

In view of the dispute with regard to the share of the plaintiff, which can be decided only by the trial court, after appreciating the evidence adduced by the parties, the 1st respondent has now filed an affidavit dated 09.06.2014 restricting her interim prayer in respect of 1/4th share of the award amount alone. The counsel for the appellants has agreed for disbursement of 75% of the award amount at present and the balance amount after disposal of the suit.

It is represented by the learned counsel for the appellants as well as the respondents, the entire award amount is lying in the credit of LAOP. Nos. 16 and 17 of 1988 on the file of the Land Acquisition Tribunal, Dindigul.

In the result, the Civil Miscellaneous Appeal is partly allowed. No cost. The learned Sub Judge, Dindigul, shall disburse 3/4 of the award amount of Rs. 1,84,88,200/- to the appellants and other claimants, who are entitled for the same as expeditiously as possible and the balance 1/4th of the award amount could be disbursed as per the finding in the suit.