THE HONOURABLE SRI JUSTICE N. TUKARAMJI CIVIL REVISION PETITION No.2207 of 2025

ORDER:

This Civil Revision Petition has been filed assailing the order dated 31.01.2025 in I.A.No.219 of 2020 in O.S.No.156 of 2012 on the file of the learned I Additional District Judge at Karimnagar.

2. I have heard Mr.P.Sridhar Rao, learned counsel for the revision petitioner and Mr.P.Ganga Rami Reddy learned counsel for the respondent and perused the materials on record.

3. The revision petitioner, as plaintiff, instituted the suit seeking specific performance of an agreement of sale.

4.1. Learned counsel for the revision petitioner submits that the suit was decreed in the petitioner’s favour on 28.10.2019, and the appeal preferred by the respondent/defendant is presently pending before this Court. He further submits that, during the pendency of the suit, the petitioner deposited a sum of Rs. 60,00,000/- (Rupees sixty lakhs only) in a Civil Court Deposit (CCD) Account towards compliance with the terms of the agreement of sale.

4.2. It is submitted that, pending disposal of the suit, the petitioner filed I.A. No. 370 of 2017 seeking permission to withdraw the interest accrued on the deposited amount. The trial Court, by order dated 18.04.2018, allowed the said application. However, despite such permission, the petitioner could not realize or receive the accrued interest as the respondent/defendant aggrieved by the said order preferred C.R.P. No. 3450 of 2018, which was later rendered infructuous on 31.01.2020, upon disposal of the main suit in favour of the petitioner.

4.3. Subsequently, after the decree and judgment were passed, appeal is pending before this court; the petitioner filed the petition seeking permission to withdraw the interest accrued on the deposited amount. However the trial Court though adverted to these facts, it failed to appreciate the matter in its proper perspective and erroneously dismissed the petition.

4.4. He contends that the respondent/defendant is not entitled to claim any interest on the deposited amount, as the same represents the contractual consideration under the agreement of sale. Nonetheless fairly submits that, without prejudice to the rights and contentions of either party, the petitioner is willing to undertake to redeposit the interest amount that may be permitted to be withdrawn, in the event the appeal filed by the respondent/defendant is allowed. Thus prays for indulgence of this Court in permitting withdrawal of the accrued interest.

5.1. Conversely, learned counsel for the respondent/defendant submits that, once the amount was deposited by the plaintiff towards the sale consideration under the agreement, the question of entitlement to the accrued interest must ultimately enure to the benefit of the respondent/defendant, particularly if the appeal succeeds. He further submits that permitting withdrawal of such interest during the pendency of the appeal may not be appropriate. However, he fairly concedes that, should this Court incline to permit such withdrawal, appropriate safeguards may be imposed, including a direction to redeposit the same upon the conclusion of the appeal and to leave the issue of entitlement open for adjudication before the appellate Court.

6. I have carefully perused the material placed on record and considered the submissions advanced by both sides.

7. It is not in dispute that the petitioner/plaintiff had deposited an amount of Rs. 60,00,000/- during the pendency of the suit and that the suit was decreed in his favour. It is also undisputed that the trial Court had earlier permitted the petitioner to withdraw the interest accrued on the said deposit. However, in view of the pendency of the appeal and having regard to the equitable considerations governing such situations, this Court is of the opinion that the petitioner’s request can be accommodated subject to protective conditions to safeguard the rights of both parties.

8. Under Section 151 of the Code of Civil Procedure, 1908, this