THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.3206 OF 2011 ORDER: This revision is filed against the order, dated 03-02-2011 in I.A.No.291 of 2010 in O.S.No.8 of 2009 on the file of the II Additional District Judge, Kurnool at Adoni. 2. The trial Court vide impugned order directed the petitioner herein (defendant) to deposit the amounts withdrawn by him under Fixed Deposit Receipts into Court within 3 months from the date of that order. It is not in dispute before this Court that the petitioner is the nominee in respect of Fixed Deposit Receipts taken by one Eramma from certain banks. Subsequently the said Eramma died. The 1st respondent herein is claiming the property by virtue of a will. That aspect of the case has to be decided in the suit itself. By virtue of nomination, the petitioner herein has already withdrawn certain amounts from the banks even prior to filing of the suit. If ultimately, the 1st respondent herein (plaintiff) succeeds in the suit, he can as well proceed against the properties of the petitioner herein. Therefore, the impugned order directing the petitioner herein to deposit the amounts, which were admittedly encashed by him even prior to the filing of the suit has to be set aside and accordingly set aside. 3. Accordingly, the Civil Revision Petition is allowed. No costs. --------------------- K.C.BHANU, J DATED: 22-12-2011 Hsd