HEMAVATHI Vs. RAMANNA

JUDGEMENT

(1.) Heard the counsel for the respondent on I.A.No.1/2023 for release of an amount deposited by the petitioner before the Court of Small Causes and the counsel for the petitioner filed statement of objections admitting that respondent was earlier working in KSRTC, but he got retired from the KSRTC on 4/9/2020 after attaining the age of superannuation, is not within the knowledge of the petitioner and also contend that the very averments that respondent is in need of money, is nothing but a illusory story and he is getting rental income more than Rs.2,00,000.00 per month and with an intention of illegal motive, an application is filed for release of the amount.

(2.) Having heard the counsel for the respondent and also statement of objections, the amount in deposit is on account of direction given by this Court to deposit decreetal amount within four weeks vide order dtd. 10/3/2020, and hence the respondent has sought for release of the said amount. Vide order dtd. 30/3/2023 made it clear that, if petitioner has failed to deposit 50% of the decreetal amount as per the order dtd. 10/3/2020, the respondent is always at liberty to execute the impugned order passed by the Trial Court in accordance with law. However, it is brought to notice of this Court that amount was deposited and respondent sought for release of the said amount and though respondent filed statement of objections and counsel not appeared before the Court and order sheet discloses that though this revision petition was filed in the year 2018, not appearing before the Court and the same is noted in the order dtd. 13/6/2023 and not pursuing the matter diligently and also made it clear that if the petitioner's counsel does not appear on the next date of hearing, the revision petition will be dismissed for non- prosecution and the date is also fixed for appearance on 21/6/2023 and on that date also once again the counsel was absent. However, two weeks time was granted to file the objections. But except filing the objections, not pursuing the matter diligently and on 5/7/2023. junior counsel sought time on the ground that Senior Counsel is not well and on 14/7/2023 both counsels are absent.

(3.) Having taken note of the order sheet, the counsel for the petitioner is not diligent in pursuing the matter. In view of the reasons stated in the application, I.A.No.1 is allowed and permitted to release the amount in faovur of the respondent on proper identification.