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1980 Supreme(Mad) 318

RATNAM
S. V. Muthu – Appellant
Versus
Petitioners v. Veerammal – Respondent


Advocates:
N. Varadarajan, for Petitioners; N.R. Chandran for Govt. Pleader, for Respondents.

Judgement

ORDER:- Defendants 1 to 4 in O.S. No. 213 of 1968, Sub. Court, Coimbatore, are the petitioners in this civil revision petition which is directed against the order dismissing an application filed by them praying for the issue of a cheque in a sum of Rs. 13,259-23 in favour of their counsel. The suit, O.S. No.213 of 1968 was filed by the respondent herein for partition and separate possession of their share in the properties and on 4-8-1971, a preliminary decree was passed against which an appeal was filed to this court in A. S. No. 646 of 1972, which also stood dismissed. The petitioners claim that as per clauses (8) and (9) of the preliminary decree, they are entitled to a sum of Rs. 14588-30 being the dividend due to the father of the petitioners from the 14th defendant in the suit who had deposited a sum of Rs. 13704-60 into court as per clauses (8) and (9) of the preliminary decree. The petitioners claim that out of this amount they are entitled to withdraw a sum of Rs. 13259-23 and that the respondents are entitled to withdraw a sum of Rs. 445-37. It is on this ground that the petitioners filed I.A. 472 of 1978 in O.S. No. 213 of 1968, praying for the issue of a cheque














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