The civil revision petitioners/claimants have filed this Civil Revision Petition as against the order dated 05.11.2008 in E.A.No.813 of 2008 in L.A.O.P.No.32 of 2002 on the file of the learned Additional District Judge (Fast Track Court No.1), Tirunelveli in dismissing the application filed by the petitioners under Rule 163 and 165 of Civil Rules of Practice praying for issuance of a cheque in favour of their counsel.
2. Admittedly, A.S.No.28 of 2007 is pending before this Court as against the award passed in L.A.O.P.No.32 of 2002. When that being the factual situation, then this Court opines that the proper forum in which, the revision petitioners ought to have filed the application seeking issuance of cheque for the award amount is only before this Court and not the trial court and in that view of the matter, on going through the order passed by this Court, this Court opines that the order of the trial court does not suffer from any infirmity or material irregularity in the eye of law and resultantly, there is no merit in the Civil Revision Petition and accordingly, the same is dismissed to prevent miscarriage of justice.
3. In the result, the Civil Revision Petition is dismissed leaving the parties to bear their own costs. The order passed by the trial court dated 05.11.2008 in E.A.No.813 of 2008 in L.A.O.P.No.32 of 2002 is confirmed for the reasons assigned by this Court in this revision. However, liberty is given to the petitioners/claimants to file necessary application before this Court in A.S.No.28 of 2007 and to seek appropriate remedy in accordance with law in regard to the withdrawal of the amount sought for.
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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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