The civil revision petitioner/claimant has preferred this Civil Revision Petition as against the order dated 05.11.2008 in E.A.No.814 of 2008 in L.A.O.P.No.33 of 2002 passed by the learned Additional District Judge (Fast Track Court No.1), Tirunelveli in dismissing the application filed by the petitioner under Rule 163 and 165 of Civil Rules of Practice praying for issuance of cheque in favour of his counsel.
2. It is not in dispute that A.S.No.29 of 2007 is pending before this Court against the award dated 05.11.2008 passed in L.A.O.P.No.33 of 2002 by the learned Additional District Judge (Fast Track Court No.1), Tirunelveli. Therefore, in all fairness, the revision petitioner/claimant ought to have filed a necessary application only before this Court seeking permission to withdraw the amount to which, he is entitled to in the manner known to law. However, the petitioner/claimant has not resorted to such a course of action but instead has projected the E.A. before the trial court.
3. On going through contents of the order passed by the trial court and taking note of the fact that A.S.No.29 of 2007 is pending before this Court and also bearing in mind of another fact that an appeal is a continuation of original proceedings in the eye of law, this Court as an equitable relief and even as per law, directs the revision petitioner/claimant to file necessary application in A.S.No.29 of 2007 pending before this Court in regard to the withdrawal of money to which he is entitled to and in that view of the matter, there is no merit in the Civil Revision Petition and accordingly, the same is dismissed, in furtherance of substantial cause of justice.
4. In the result, the Civil Revision Petition is dismissed. The order passed by the trial court in E.A.No.814 of 2008 in L.A.O.P.No.33 of 2002 is confirmed for the reasons assigned by this Court in this revision. However, on the basis of Equity, Fair-play and Good conscience, liberty is given to the petitioner to approach this Court in A.S.No.29 of 2007 and file necessary application for withdrawal of the amount deposited in the trial court in L.A.O.P.No.33 of 2002. Having regard to the facts and circumstances of the case, there shall be no order as to costs.
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1.The Additional District Court (Fast Track Court No.1), Tirunelveli
2.Special Tahsildar (Land Acquisition) Kodumidiyaru, Nambiyaru Reservoir Project, Valliyoor.
3.The Deputy Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
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