THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.7992 of 2010 ORDER: One Smt. Satarajpalli Bakkamma has opened Monthly Income Scheme (MIS) account Nos. 85050, 85053 and 85051 in the Sub Post Office, Tekumatla Village, Suryapeta ( R ) Mandal, Nalgonda District, 4th respondent herein and shown the petitioner herein as the nominee. It is stated that the said Bakkamma died on 15.11.2009. The grievance of the petitioner is that respondent Nos. 3 and 4 are not releasing the amount in his favour. On behalf of the respondents a detailed counter-affidavit is filed. It is stated that two individuals by name K. Narsaiah and K. Janaiah filed O.S.No.173 of 2009 in the Court of Senior Civil Judge, Suryapet for declaration that they are entitled to receive the amount covered by the MIS accounts referred to above. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is no doubt true that the petitioner is a nominee in the MIS accounts taken by late Bakkamma. However, when a suit is pending in respect of the same amount, the respondents cannot be expected to release the amount in favour of the petitioner exclusively. The petitioner figures as defendant No.2 in the suit. He can put forward his claim in the suit and respondents are required to take action in accordance with the result of the suit. Hence, the writ petition is disposed of leaving it open to the petitioner to pursue his remedies in the pending suit and approach the respondents depending on the out come of the suit. There shall be no order as to costs. L.NARASIMHA REDDY,J Dt. 14.02.2011 lvl THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.7992 of 2010 Dt. 14.02.2011