Lok Adalat on appeal under Section 96 CPC against settlement order. Parties compromised via Lok Adalat. Award records compromise, refunds court fee to counsel, and dismisses appeal accordingly.
Court fee refund ordered to appellants' counsel; appeal dismissed.
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-II organised by the High Court Legal Services Committee
Friday, the 23rd day of September, 2016
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by
Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM, (Retd.) and
Members:
(This appeal is filed under Section 96 of Civil Procedure Code, against the judgement and decree made in O.S.No.868 of 2007, dated 25.08.2011 on the file of the Additional District Judge, Fast Track Court III, Coimbatore).
1.Velusamy Gounder 2.V.Balsubramaniyam 3.Sarojini @ Saraswathi ... Appellants
Vs. 1.A.Sellammal 2.Ramathal 3.Lakshmi 4.V.Nataraj ... Respondents
This case came up for settlement before Lok Adalat. All the parties are present. Mr.C.Veeraraghavan, learned counsel for the appellants alone is present. After mutual discussion, negotiation, mediation and conciliation between all the parties, they arrived at a compromise to settle the matter as follows:
AWARD
The appellants viz., 1.Velusamy Gounder, 2.V.Balsubramaniyam, and 3.Sarojini @ Saraswathi and the respondents viz., 1.A.Sellammal, 2.Ramathal, 3.Lakshmi and 4.V.Nataraj are present.
LTI/-
1.Velusamy Gounder
Sd/-
2.V.Balsubramaniyam
LTI/- Sd/-
3.Sarojini @ Saraswathi Counsel for the Appellants
LTI/-
1.A.Sellammal
Sd/-
2.Ramathal
LTI/-
3.Lakshmi
Sd/-
4.V.Nataraj
The Court fee paid shall be refunded to the parties in
the manner provided under the Court Fees Act, 1870 as provided
for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as
amended in 1994.
Sd/-
Judge
Sd/- Sd/-
Member Member
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
To
The parties/Advocate concerned
Copy to:
3.The Section Officer,
V.R.Section,
High Court, Madras.
4.The Section Officer,
Lok Adalat Section,
High Court, Madras.
+2 copies
A.S.No.273 of 2012
CP(CO)
CA(17/10/2016)
2 issues framed by the court
Whether an appeal filed under Section 96 of the Civil Procedure Code against the Lok Adalat settlement order can be satisfied by a compromise and refund of court fee.
Whether the High Court Legal Services Committee can record an award recording the compromise and refund court fee without a formal petition.
4 provisions across 3 enactments
Velusamy Gounder
V.Balsubramaniyam
Sarojini @ Saraswathi
A.Sellammal
Ramathal
Lakshmi
T.N.VALLINAYAGAM
Member
Member
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.N.VALLINAYAGAM and Member and Member
Parties & counsel
