Madras High Court
M.R.R.Sethuraman vs Manivasagam on 18 November, 2021
AS.SR.No.61310/2018 & 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.61310/2018 & 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.61310/2018 & CMP.No.5571/2020
Prayer in AS.SR.No.61310/2018:- 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.61310/2018 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.61310/2018 & 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(6)When the appeal is withdrawn even before admission, it is open to the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.61310/2018.
(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
S.S.SUNDAR, J.,
AS.SR.No.61310/2018 & CMP.No.5571/2020
AP
To
Additional District Judge-II
Chidambaram.
AS.SR.No.61310/2018
& CMP.No.5571/2020
18.11.2021
