(1.) The Petitioners/Appellants have preferred the present Civil Miscellaneous Petition under Section 151 of Civil Procedure Code praying permission of this Court to permit them to remit the conditional amount of Rs.3,00,000/- as per Order in C.M.P.No.4739 of 2005 in A.S.No.294 of 2005 dated 15.04.2005 and also for issuance of further directions.
(2.) The Learned Counsel for the Petitioners/Appellants submits that A.S.No.294 of 2005 has been filed against the Judgment and Decree of the trial Court in O.S.No.20 of 2004 on the file of District Court, Nagapattinam and earlier the suit in O.S.No.487 of 2000 has been filed on the file of the Learned Sub Judge, Tiruvarur and has been transferred to the District Court, Nagapattinam and renumbered as O.S.No.20 of 2004 and since the suit filed for recovery of a sum of Rs.6,00,000/- claimed by the Respondent/Plaintiff has been decreed, the present Appeal A.S.No.294 of 2005 has been filed before this Court.
(3.) Proceeding further, it is the contention of the Learned Counsel for the Petitioners/Appellants that in C.M.P.No.4739 of 2005 in A.S.No.294 of 2005, the Hon'ble Division Bench of this Court on 15.04.2005 has passed the following Order: