K.P.Palanisamy vs N.Saravanan
2023 Latest Caselaw 1682 Mad

                                                                       AS SR No.105376 of 20219

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 01-03-2023

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                              AS SR No.105376 of 2019
                                                       And
                                               CMP No.4394 of 2023



                     1.K.P.Palanisamy
                     2.P.Velusamy                               .. Appellants in AS SR /
                                                                   Petitioners in CMP

                                                         vs.



                     1.N.Saravanan
                     2.N.Karthick Prabhu                        .. Respondents in AS SR /
                                                                   Respondents in CMP


                             AS SR No.105376 of 2019 is filed under Section 96 of the Code of
                     Civil Procedure, against the judgment and decree dated 31.10.2018 passed
                     in O.S.No.178 of 2014, II Additional District Judge, Tiruppur.




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https://www.mhc.tn.gov.in/judis
                                                                        AS SR No.105376 of 20219


                             CMP No.4394 of 2023 is filed under Section 69 of the Tamil Nadu
                     Court Fee and Valuation Act, to direct the Registry of this Court to refund
                     the Court Fee of Rs.40,500/- paid by the petitioners in AS SR No.105376 of
                     2019.

                                  For Appellants in AS SR
                                    No.105376/2019 and
                                  For Petitioners in CMP
                                    No.4394 of 2023          : Mr.P.Mathivanan


                                                   JUDGMENT

AS SR No.105376 of 2019 is filed under Section 96 of the Code

of Civil Procedure, against the judgment and decree dated 31.10.2018

passed by the learned II Additional District Judge, Tiruppur in O.S.No.178

of 2014.

2. CMP No.4394 of 2023 is filed under Section 69-A of the Tamil

Nadu Court Fee and Valuation Act, to direct the Registry of this Court to

refund the Court Fee of Rs.40,500/- paid by the petitioners/appellants in AS

SR No.105376 of 2019.

https://www.mhc.tn.gov.in/judis AS SR No.105376 of 20219

3. CMP No.4394 of 2023 has been filed seeking refund of Court

Fee of Rs.40,500/- paid by the petitioners/appellants in AS SR No.105376

of 2019.

4. The learned counsel for the petitioners/appellants made a

submission that even before numbering AS SR No.105376 of 2019, the

parties had settled the disputes and therefore the appellants have decided not

to pursue AS SR No.105376 of 2019 filed against the judgment and decree

dated 31.10.2018 passed by the learned II Additional District Judge,

Tiruppur in O.S.No.178 of 2014.

5. Since the issues are settled between the parties even before

numbering of AS SR No.105376 of 2019, the appellants are entitled for

refund of Court Fee as prayed for in CMP No.4394 of 2023. Thus the

Registry is directed to refund the Court Fee paid by the

petitioners/appellants by following the procedures as contemplated.

https://www.mhc.tn.gov.in/judis AS SR No.105376 of 20219

6. Accordingly, CMP No.4394 of 2023 is allowed.

Consequently, AS SR No.103756 of 2019 is closed. However there shall be

no order as to costs.

01-03-2023 Speaking Order/Non-Speaking Order. Neutral Citation : Yes/No.

Internet : Yes/No.

Index: Yes/No.

Svn

https://www.mhc.tn.gov.in/judis AS SR No.105376 of 20219

To

The II Additional District Judge, Tiruppur.

https://www.mhc.tn.gov.in/judis AS SR No.105376 of 20219

S.M.SUBRAMANIAM, J.

Svn

AS SR No.105376 of 2019 And CMP No.4394 of 2023

01-03-2023

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