A No. 4586 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-11-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 4586 of 2025 and CS No. 136 of 2023 1. S.H.Anwardeen S/o Hassan Mohammed, 2.K.S.Salamath Begum W/o S.H.Anwardeen, Both residing at No.7/l, Nehruji Road, Koothanallur, Thiruvarur District - 614 101. Both Represnted by their Authorized Power Agent D.H.Shameer Ali, S/o Late D.A.Haja Maideen No.1, Flat D.Akash Ganga Apartments, Ganga Nagar, 1st Main Road, Kodambakkam, Chennai- 600 024. Applicant(s) Vs 1. Shankar And 2 Others S/o Sivaprakasam, Portion No.9, First Floor, No.128/3 and 4 Subbaraya Main Street, https://www.mhc.tn.gov.in/judis A No. 4586 of 2025 Nammalwarpet, Chennai 600 012. 2.Mrs.Sarala W/o Shankar, Portion No.9 First Floor, No.128/3 And 4, Subbaraya Main Street, Nammalwarpet, Chennai - 600 012. 3.Mrs. Malika Portion No.14, Second Floor, No.128/3, 4, Subbaraya Main Street, Nammalwarpet, Chennai - 600 012. Respondent(s) PRAYER To pass an order directing the Respondents/Defendants to deposit the sum of Rs.85,00,000/- (Rupees Eighty Five Lakhs only) in the account of this Hon’ble Court, pending disposal of the above suit. A No. 4586 of 2025 For Applicant(s): M/s.Arunkumar Rajan M.suresh For Respondent: Mr. Louisal ORDER https://www.mhc.tn.gov.in/judis A No. 4586 of 2025 This application has been filed pass an order directing the Respondents/Defendants to deposit the sum of Rs.85,00,000/- (Rupees Eighty Five Lakhs only) in the account of this Hon’ble Court, pending disposal of the above suit. 2. The learned counsel for the petitioner would submit that the 1 st respondent/1st defendant had collected a sum of Rs.85,00,000/- on lease for the different portion in the suit schedule property. If the suit is decreed in favour of the plaintiff, it would be difficult for the plaintiff/applicant to vacate the occupants from the premises and they would claim to be legal occupants and obstruct the execution of decree. Hence, the said amount may be directed to deposit in the account of this Hon’ble Court. 3.The learned counsel for the defendant would submit that while the applicant/plaintiff has filed the suit seeking for direction to the defendants to vacate the premises and handover the vacant possession to the plaintiff, the applicant/plaintiff seeking for the present direction to deposit the lease amount https://www.mhc.tn.gov.in/judis A No. 4586 of 2025 is clear abuse of process of the Court. If it is alleged that the amount of Rs.85,00,000/- had been collected by the 1 st respondent/1st defendant from the occupants, he would liable to pay the amount to the occupants since the transaction is held between the 1 st respondent/1st defendant and the occupants. Hence, he seeks to dismiss the application. 4. Heard both sides. 5. Having considered the facts and circumstances of the case and submissions made by the learned counsel on either side, the petitioner alleged that the 1 st respondent/1 st defendant had collected the lease amount of Rs.85,00,000/- from the occupants of the premises in the suit schedule property. If any amount is liable to pay the occupants, the 1 st respondent is liable to pay P.DHANABAL J. Lbm the said amount to the occupants. Further, in the main suit, the plaintiff has not sought for any direction to deposit the lease amount in the account of this Court. https://www.mhc.tn.gov.in/judis A No. 4586 of 2025 Under such circumstances, at this stage, this application cannot be entertained. Hence, the application stands dismissed. No costs. 6. Post the matter before the Additional Master-I on 03.12.2025 for recording of evidence. 17-11-2025 Lbm Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No A No. 4586 of 2025 and CS No. 136 of 2023 https://www.mhc.tn.gov.in/judis