THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL MISCELLANEOUS APPEAL No.543 OF 2022
JUDGMENT: (Per Hon'ble Dr.SA,J)
This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of
C.P.C., is filed by the appellant/plaintiff, aggrieved by the order,
dated 08.07.2022, passed in I.A.No.128 of 2022 in O.S.No.65 of
2021, by the learned III Additional District Judge at Sangareddy,
whereby the subject Interlocutory Application filed by the
appellant/plaintiff, under Order XXXIX Rule 10 read with Section
151 of C.P.C., seeking to direct respondent No.2/defendant No.2 to
repay him the amount of Rs.15,00,000/- along with interest @ 24% per annum from the date of agreement i.e., 17.02.2019, was dismissed.
2. Heard the learned counsel for both sides and perused the record.
3. The Court below, while dismissing the subject I.A. vide the impugned order, dated 08.07.2022, was pleased to record a finding in paragraph No.5(d), which reads as follows:
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"When the main suit is coming up for hearing, after filing written statement by Defendant nos.1 and 2, the present application is filed by the petitioner. Thus, prima facie, unless it is concluded that the entire amount paid by the petitioner to the respondents is Rs.1.00 crore 40 lakhs and that the contract between the parties over plot no.90 is for Rs.1.00 crore 25 lakhs, it cannot be decided that the petitioner is entitled for refund of Rs.15,00,000/- from the respondents, that too without paying any court for the said amount of Rs.15,00,000/-."
4. It is brought to the notice of this Court by the learned counsel for the appellant/plaintiff that the appellant/plaintiff is ready to pay the requisite Court fee to seek recovery/refund of Rs.15,00,000/-.
5. There is no much objection by the other side with regard to the payment of Court fee proposed by the appellant/plaintiff.
6. In view of these circumstances, the appellant/plaintiff is permitted to pay the Court fee on Rs.15,00,000/- sought to be recovered in the original Suit. It is open to the appellant/plaintiff to file an Interlocutory Application afresh seeking recovery of Rs.15,00,000/-, subject to payment of Court fee, in accordance with the procedure established under law.
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7. The Civil Miscellaneous Appeal is ordered, accordingly.
Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. No order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 27.12.2022 DSU/MD