IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.11.2010 *CORAM THE HON'BLE MR. JUSTICE M.VENUGOPAL C.M.P.No.1676 of 2010 in A.S.No.983 of 2004 ORDER Heard the Learned Counsel for the Petitioners/Appellants/ Plaintiffs. 2.According to the Learned Counsel for the Petitioners/ Appellants /Plaintiffs, the Petitioners /Appellants /Plaintiffs filed a suit for specific performance before the trial Court in O.S.No.2701 of 1996 on the file of the Learned II Additional Judge, City Civil Court, Chennai and the same has been dismissed by the trial Court after full contest and that the Petitioners/Appellants/Plaintiffs have deposited a sum of Rs.1,00,000/- being the balance Sale Consideration (on 12.04.1996) and that the said amount is lying in the trial Court to the credit of the above suit. 3.The Learned Counsel for the Petitioner/Appellants/Plaintiffs submits that the Petitioners/Appellants/Plaintiffs have projected an Interlocutory Application before the trial Court for issuance of a cheque for the sum of Rs.1,00,000 in terms of the order passed by this Court in C.M.P.No.402 of 2010 in A.S.No.983 of 2004 whereby and whereunder the Petitioners/Appellants/Plaintiffs have been permitted to withdraw the amount of Rs.1,00,000/- deposited by them to the credit of the suit before the trial Court and the trial Court to dispose of the Interlocutory Application for payment out, is insisting upon the verification of records and the records of the trial Court are before this Court in regard to the pending Appeal A.S.No.983 of 2004. 4.The short prayer made by the Petitioners/Appellants/Plaintiffs in the petition is that the entire records of the trial Court in O.S.No.2701 of 1996 are to be transmitted back to the trial Court, so as to enable the trial Court to dispose of the payment out Application or in the alternative the trial Court may be directed to issue the cheque in the name of the Learned Counsel for the Petitioners. 5.To avoid an avoidable delay this Court dispenses with the issuance of notice to the Respondents 1 to 3. 6.On a careful consideration of the contentions advanced on the side of the Petitioners/Appellants/Plaintiffs this Court directs the Registry of this Court to transmit the entire records in O.S.No.2701 of 1996 on the file of the Learned II Additional Judge, City Civil Court, Chennai from this Court within a week from the date of receipt of copy of this Order and the trial Court is further directed to retransmit the entire records in O.S.No.2701 of 1996 on the file of the Learned II Additional Judge, City Civil Court, Chennai soon after the purpose is over without any delay whatsoever. It is also made clear that the trial Court is directed to dispose of the payment out / cheque application in the manner known to law and in any event after providing due opportunities to the respective parties within a period of two weeks from the date of receipt of copy of this Order. 7.In the above terms, the Civil Miscellaneous Petition C.M.P.No.1676 of 2010 is disposed of. va To The Section Officer, (VR) Records, High Court, Chennai