PARVATHAMMA Vs. KAMALAKSHI.G

JUDGEMENT

(1.) The petitioners are the original defendant nos. 1 to 6 in a suit filed by the first respondent. The suit was decreed on 16th November, 2018. Following is the operative part of the decree:

(2.) The first respondent-plaintiff made an application for withdrawal of 1/7th share in the compensation amount deposited by the seventh defendant. By the impugned order, the learned trial judge has permitted withdrawal of the said amount of Rs.7,47,589/-. The Trial court has held that the petitioners are entitled to withdraw a sum of Rs.7,47,589/- each towards their respective 1/7th share.

(3.) The objection of the learned counsel appearing for the petitioners is two-fold: Firstly, he submits that as per the decree, all the parties to the suit including the first respondent are liable to repay the loan to the extent of 1/7th share each. Secondly, he submitted that the appeal preferred by the petitioners against the decree is pending in this Court, though there is no stay granted. On a query made by the Court, he accepted that in terms of the impugned order, the first respondent has already withdrawn the amount.