R.Dhandapani vs C.Pappammal
2023 Latest Caselaw 11285 Mad

Citation : 2023 Latest Caselaw 11285 Mad
Judgement Date : 25 August, 2023

Madras High Court

R.Dhandapani vs C.Pappammal on 25 August, 2023

                                                                                   A.S.No.288 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 25.08.2023

                                                         CORAM

                             THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                 A.S.No.288 of 2023


                  R.Dhandapani                                               ... Appellant

                                                           Vs.

                  1. C.Pappammal
                  2. V.Sri Sumathi
                  3. Minor V.Prithiv
                  4. Minor V.Prithivee
                  5. B.Pannerselvam                                          ... Respondents


                  PRAYER: Appeal Suit filed under Section 96 of C.P.C., pleased to set aside

                  the Judgement and Decree of the learned Principal District Judge, Tiruppur,

                  made in O.S.No.446 of 2019 dated 25.10.2021 and allow the appeal.


                                         For Appellant       :   Mr.R.Dhandapani
                                         For Respondents     :   No Appearance



https://www.mhc.tn.gov.in/judis
                  1/4
                                                                                     A.S.No.288 of 2023


                                                      JUDGMENT

Learned counsel appearing for the appellant submitted that the

matter has been settled between the parties, thereby, he seeks permission of

this Court to withdraw this appeal suit and he has also filed a withdrawal

letter dated 22.08.2023 to that effect. He further submitted that he may be

permitted to get a refund of Court fee in accordance with Section 69-A of the

Tamil Nadu Court Fees and Suit Valuation Act, 1955.

2. In support of his contention, the learned counsel for the

appellant relied on the judgment passed by the Hon'ble Apex Court in the

case of "The High Court of Judicature at Madras Rep. by its Registrar

General Vs. M.C.Subramnainam & ors in Special Leave Petition(Civil)

Nos. 3063-3064 of 2021" and the relevant portion is extracted hereunder:-

"7. In addressing the question of whether the refund of court fee was permissible under the relevant rules, the High Court considered Section 69-A of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 (hereinafter, '1955 Act'), which reads as follows:

https://www.mhc.tn.gov.in/judis

A.S.No.288 of 2023

"69-A. Refund on settlement of disputes under section 89 of the Code of Civil Procedure. - Where the Court refers the parties to the suit to any of the modes of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (Central Act V of 1908), the fee paid shall be refunded upon such reference. Such refund need not await for settlement of the dispute." (emphasis supplied)"

3. In view of the submission made by the learned counsel

appearing for the appellant and the letter filed by him, this Appeal Suit

stands dismissed as withdrawn. However, as per the Judgment passed by the

Hon'ble Apex Court in Special Leave Petition(Civil) Nos. 3063-3064 of

2021, the appellant is entitled to a refund of the Court fee as per the

entitlement. No costs.

25.08.2023

ham/dpa Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No To

1. The Principal District Judge, Tiruppur.

2. The Section Officer, VR Section, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J.

https://www.mhc.tn.gov.in/judis