G. Umashankar vs Pokala Venkateshwar
2022 Latest Caselaw 7026 Tel

        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:

                                      2                         Dr.SA,J & NBK,J
                                                              CMA.No.543 of 2022

"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.

                                  3                       Dr.SA,J & NBK,J
                                                        CMA.No.543 of 2022

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