JUDGMENT

1. These applications have been filed seeking for the following reliefs:-

a) for a direction to the respondents, their men, agents, employees, agents, servants, managers, permitted assigns, successors in interest and all other persons claiming through or under them or otherwise howsoever, to furnish details of the deposits, fixed deposits etc. including bank account number, fixed deposit details, date of the fixed deposits, withdrawals, adjustments, if any, etc. are made by and in the name of late Mr.P.M.Maruthai Chettiar, pending disposal of the suit;

b) for a direction to the respondents 1 to 7, their men, agents, employees, agents, servants, managers, permitted assigns, successors in interest and all other persons claiming through or under them or otherwise howsoever, to deposit 3/5th (1/5th for each of the legal heirs) of the monies already withdrawn by them from the deposits of late Mr.P.M.Maruthai Chettiar into this Hon'ble Court, as detailed in the Schedule to the Plaint and the affidavit, pending disposal of the suit;

c) for an interim injunction restraining the respondents 1 to 7, by themselves, their partners, men, servants, agents, representatives, assigns, successors in interest, licensees and/or all other persons acting on their behalf, from in any manner using/disbursing/distributing/appropriating the amounts of monies already withdrawn by them from the fixed deposits, made by late Maruthai Chettiar, as detailed in the schedule to the plaint and the affidavit, pending disposal of the suit.

2. The brief facts of the case are as follows:-

2.1. The applicants and 1st respondent are the sons and daughter of late Mr.Maruthai Chettiar, who passed away on 07.10.2019. The respondents 2 & 3 are the sons of 1st respondent and the respondents 4 to 7 are the surviving legal heirs of the predeceased daughter of late Mrs.Jeevarathinam. The respondents 8 to 10 are the Banks who are formal parties in the present suit.

2.2. Mr.Maruthai Chettiar passed away intestate on 07.10.2019 and had some fixed deposits with the respondents 8 to 10 Banks to the tune of Rs.4,27,83,583/-. The respondents 1 to 3 were appointed as the nominees of the said fixed deposits. Immediately upon the death of late Mr.Maruthai Chettiar, the respondents 1 to 3 approached the respondents 8 to 10 Banks for withdrawing the monies. Against such attempt by the respondents 1 to 3, the applicants herein filed a bare injunction suit before the City Civil Court, Chennai, in O.S.No.7775 of 2019. The learned Judge, VIII Assistant City Civil Court, Chennai, also granted an interim order of status quo on 25.10.2019, restraining the respondents 8 to 10 from releasing the deposit amounts to the respondents 1 to 3. Subsequently, the said order was vacated on 03.12.2019 after observing that the applicants are entitled to the amounts and that the respondents 1 to 3 only acted as Trustees of monies. Subsequently, the respondents 1 to 3 withdrew all the monies lying before the respondents 8 to 10 banks on 18.10.2019 and 19.10.2019 for themselves and they have not distributed the same to other legal heirs. In the light of the withdrawals made by the respondents 1 to 3, the suit filed in O.S.No.7775 of 2019 has virtually become infructuous and hence, the applicants/plaintiffs have withdrawn the said suit on 23.06.2022.

2.3. The present suit has been filed by the applicants seeking for partition of the fixed deposits which is more fully described in the suit schedule and to hand over 3/5th share amounting to Rs.2,56,70,150/- being the applicants' share together and to render true and proper accounts of all the fixed deposits which stood in the name of Late Mr.Maruthai Chettiar as on date of his death and for permanent injunction to restrain the defendants from disbursing the monies already withdrawn by them.

3. Mr.R. Parthasarathy for M/s. Durga V. Bhatt, learned counsel appearing for the applicants would contend that the present suit is filed for partitio