M.R.R.Sethuraman vs Manivasagam
2021 Latest Caselaw 22663 Mad

                                                                     AS.SR.No.61310/2019 & CMP.No.5571/2020


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 18.11.2021

                                                          CORAM:

                                    THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                        AS.SR.No.61310/2019 & CMP.No.5571/2020

                                                     [Video Conferencing]


                    M/s.Saradharam Automobiles and Finance,
                    rep.by its Managing Partner

                    1.M.R.R.Sethuraman
                    2.M.R.R.Ketharnathan
                    3.M.R.Swethakumar
                    4.M.Vasanthi                                                      ..    Petitioners /
                                                                                            Appellants
                                                               Vs.

                    1.Manivasagam
                    2.Sivagnanam
                    Chinnappa Mudaliar [Died]
                    3.Rathinasabapathy
                    4.Sivakumar                                                             .. Respondents

                    Prayer in CMP.No.5571/2020:- Civil Miscellaneous Petition filed under
                    section       151    CPC,   to    permit    the     petitioners    to   withdraw        the
                    AS.SR.No.61310/2019 and order refund of the Court Fees paid in
                    AS.SR.No.61310/2019.



https://www.mhc.tn.gov.in/judis                                1
                                                                     AS.SR.No.61310/2019 & CMP.No.5571/2020


                    Prayer in AS.SR.No.61310/2019:- Appeal Suit filed under Section 96 CPC
                    read with Order 41 Rule 1 CPC against the judgment and decree dated
                    16.11.2018 made in OS.No.1/2003 on the file of the learned Additional
                    District Judge-II, Chidambaram.

                                  For Petitioners/Appellants :       Mr. Mani Sundaragopal


                                                          ORDER

(1)The present Civil Miscellaneous Petition is filed to permit the

petitioner/appellant to withdraw the unnumbered Appeal Suit in

AS.SR.No.61310/2019 and to direct refund of Court fee paid in the

unnumbered Appeal.

(2)The petitioner/appellant has filed the suit in OS.No.126/1999 on the file

of the Sub Court, Chidambaram, for specific performance and the said

suit was transferred to the file of the Additional District Court,

Chidambaram and renumbered as OS.No.1/2003. The

petitioner/appellant also sought for an alternative prayer for recovery of a

sum of Rs.20 Lakhs.

(3)The Trial Court dismissed the suit vide judgment dated 16.11.2018 and

the above Appeal Suit has been preferred by the plaintiff.

AS.SR.No.61310/2019 & CMP.No.5571/2020

(4)Stating that the matter is settled by way of compromise and that the

respondents agreed to return the advance amount paid towards the Sale

Agreement, this Miscellaneous Petition is filed to permit the

petitioner/appellant/plaintiff to withdraw the Appeal Suit.

(5)The learned counsel also stated that the petitioner/appellant is entitled to

get refund of the entire Court fee paid in the unnumbered appeal.

(6)When the appeal is withdrawn even before admission, it is open to the

petitioner/appellant to seek refund of Court fee paid in the unnumbered

appeal.

(7)Therefore, in that view of the matter, the Civil Miscellaneous Petition is

ordered and the petitioner/appellant is permitted to withdraw the

unnumbered appeal in AS.SR.No.61310/2019.

(8)The Registry is directed to refund the entire Court fee paid by the

petitioner/appellant in the said appeal following the usual procedure.

18.11.2021 AP Internet : Yes

AS.SR.No.61310/2019 & CMP.No.5571/2020

S.S.SUNDAR, J.,

AP

To Additional District Judge-II Chidambaram.

AS.SR.No.61310/2019 & CMP.No.5571/2020

18.11.2021