The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.20308 of 2009 Dated 27th July, 2010 Between: Bernard Neville Roberts …Petitioner And The Court of III Senior Civil Judge, City Civil Court, Secunderabad …Respondent Counsel for the petitioner: Mr.Peri Prabhakar for Mr.V.Venkataramna Counsel for the respondent: None appeared The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondent in not returning the amount, deposited in terms of interim order, dated 06-05-2004, in I.A.No.543 of 2004 in O.S.No.279 of 2004, consequent on the dismissal of O.S.No.279 of 2004, as arbitrary and illegal. The petitioner sought for a direction to the respondent to return the deposited amount by issuing the cheque to the petitioner along with the interest accrued thereon in terms of interim order, dated 06-05-2004, passed in IA.No.543 of 2004 and judgment and decree, dated 18-03-2008, in OS.No.279 of 2004. I have heard the learned Counsel for the petitioner and perused the record. The petitioner is defendant No.11 in the above- mentioned suit filed by one Leon Roberts. In I.A.No.543 of 2004, filed for interim injunction by the plaintiff, the III Senior Civil Judge, City Civil Court, Secunderabad (for short ‘the civil Court’), passed order, dated 06-05-2004, whereby the said application for injunction was rejected, by directing the petitioner herein to deposit 50% of sale consideration of the total flats to the credit of the suit and observing that the party, who succeeds in the suit, will be entitled to receive the amount so deposited. On the ground that the civil Court has not returned the amount even after the dismissal of the suit on 18-03-2008, the petitioner herein filed the present Writ Petition. By interim order, dated 23-09-2009, this Court directed the civil Court, which is impleaded as the respondent in the Writ Petition, to submit a report. As the report was not submitted, this Court passed order on 12- 07-2010, directing the Registrar (Judicial) of this Court, to send a reminder to the civil Court. On being reminded, the civil Court had sent its report, dated 23-07-2010, through the Registrar (Judicial). In the detailed report submitted by the civil Court, it is inter alia stated that after the dismissal of the suit, the petitioner filed IA.No.626 of 2009 for recalling the amount of Rs.72,50,000/- deposited by him with interest accrued thereon; that notices were ordered in the said IA; that respondent No.3 in the said IA entered his appearance while respondent Nos.4 to 12 remained ex parte; that when the said IA was coming up for filing of counter- affidavit, a third party viz., Miss Gloria Cooper filed IA.No.1057 of 2009 for her impleadment; that in her affidavit filed in support thereof, she had stated that the judgment and decree in OS.No.279 of 2004 was questioned in appeal i.e., ASSR.No.8263 of 2008 with an application for condonation of delay. It is further stated in the said report that IA.No.1057 of 2009 filed by the third party for impleadment and also IA.No.626 of 2009 filed by the petitioner were dismissed for default on 03-12-2009 and that on 05-07-2010, the petitioner herein filed two fresh applications: (1) under Section 151 CPC to recall the FDRs and (2) under Section 151 CPC to issue a cheque for Rs.72,50,000/-. The learned Judge mentioned in his report that as the petitioner has since filed the present Writ Petition, which is pending, those two applications are not yet disposed of. The above-noted contents of the civil Court’s report clearly show that the petitioner has already moved the civil Court, in pursuance of whose order he has deposited the amounts, and that while one set of applications was dismissed earlier for default, the petitioner filed a fresh set of applications for the same relief as claimed in the present Writ Petition. In my opinion, the appropriate course for the petitioner to get back his amount is to pursue his pending applications before the civil Court. In this view of the matter, the Writ Petition is disposed of with the direction to the civil Court (respondent herein) to dispose of the applications filed by the petitioner in accordance with law and in the light of order, dated 06-05-2004, in IA.543 of 2004 in OS.No.279 of 2004 and the judgment and decree, dated 08-11-2008, in the said suit, within a period of two months from the date of receipt of a copy of this order. As a sequel to disposal of the Writ Petition, WPMP.No.26490 of 2009, filed by the petitioner for interim relief, is disposed of as infructuous. C.V.Nagarjuna Reddy, J Dated 27th July, 2010 lur