The High Court of Judicature at Madras dismissed a civil suit filed for eviction and mesne profits as it was settled out of court, permitting the refund of the entire court fee paid by the plaintiff.
The suit was dismissed as settled; a certificate for the refund of the entire court fee of Rs. 2,01,600/- was issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 08th DAY OF APRIL 2021
THE HON'BLE MR. JUSTICE N.SESHASAYEE
C.S.No.628 of 2015
Mrs.Geetha Sarangarajan, W/o Late Mr.Sarangarajan, Presently residing at No.G-2, Shilpa Residency, 4th Block, 14th Main (E), Jaya Nagar, Bangalore – 560 011. : Plaintiff
Vs
K.R.Ashok, No.4/7, Lakshmipuram Main Street, Royapettah, Chennai – 600 014. : Defendant
Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree:
A.directing the defendant to hand over vacant possession of the schedule mentioned property and on his failure to hand over possession, evict the defendant through due process of this Hon'ble Court;
B. directing the defendant to pay a sum of Rs.21,60,000/- (Rupees Twenty One Lakhs Sixty Thousand only) towards past mesne profits from https://hcservices.ecourts.gov.in/hcservices/ the use and occupation of the schedule mentioned property from 10.07.2012
to 10.07.2015 at the rate of Rs.60,000/- (Rupees Sixty Thousand only) per
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mensem;
C. directing the defendant to pay Rs.60,000/- (Rupees Sixty Thousand only) per mensem or such other sum, as may be determined by this Hon'ble Court, towards future mesne profits from the use and occupation of the schedule mentioned property;
D. direct the defendant to pay to the plaintiff the cost of the suit;
This Suit coming on this day before this court for hearing in the presence of Mr.KMD.Muhilan for Mr.R.Parthasarathy, Advocates for the Plaintiff herein and upon reading the plaint filed herein and the learned counsel for the plaintiff stating that the matter in dispute has been amicably settled between the parties and the plaintiffs is entitled for the refund of the entire court fee and this court doth recording the same, it is ordered as
follows:
That the suit in C.S.No.628 of 2015, be and is hereby dismissed as settled out of court.
suits valuation Act XIV 1955, do issue herein, out of and under the seal of https://hcservices.ecourts.gov.in/hcservices/ this court, in favour of Geetha Sarangarajan, the plaintiff herein, authorising
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her to receive from the Pay and Accounts Office, High Court, Chennai a
sum of Rs.2,01,600/- (Rupees Two Lakhs One Thousand Six Hundred
Only) being the entire court fee paid on the plaint by the plaintiff herein.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 08th DAY OF APRIL 2021.
Sd./-
ASSISTANT REGISTRAR (O.S.I)
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this form
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MU
17.06.2021
C.S.No.628 of 2015
ORDER :-
DATED: 08.04.2021
THE HON'BLE MR. JUSTICE N.SESHASAYEE
FOR APPROVAL: 23/07/2021
APPROVED ON: 26/07/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.628 of 2015
Geetha Sarangarajan
... Plaintiff
Vs.
K.R.Ashok ... Respondent
PRAYER : Civil Suit filed under Order IV Rule 1 of Original Side Rules r/w. Order VII Rule 1 of Civil Procedure Code :
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For Plaintiff : Mr.KMD.Muhilan for Mr.R.Parthasarathy
JUDGMENT
The learned counsel for the plaintiff states that the matter in dispute has
been amicably settled between the parties. His further submission is that the plaintiff is entitled for the refund of the entire Court fee paid. He relied on
the judgment on the Hon'ble Supreme Court in High Court of Judicature at
Madras, Rep by its Registrar General Vs. M.C.Subamaniam and Others
[2021 SCC Online SC 109].
dismissed as settled out of Court. The Court fee is directed to be refunded
to the plaintiff as per Rules.
Sd./-N.S.S.J. 08.04.2012
//Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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2 issues framed by the court
Whether the suit should be dismissed as it has been amicably settled between the parties.
Whether the plaintiff is entitled to the refund of the entire court fee paid on the plaint.
Colour shows how this judgement treated each authority
High Court of Judicature at Madras, Rep by its Registrar General Vs. M.C.Subamaniam and OthersReferred¶63
High Court of Judicature at Madras, Rep by its Registrar General Vs. M.C.Subamaniam and Others [2021 SCC Online SC 109] · Who else cites this
2 provisions across 2 enactments
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N. Seshasayee
Parties & counsel
