Appeal against a decree for refund of advance was disposed of on the parties' compromise memo; the appellant paid Rs.36,71,250 in full and final settlement, the appeal was dismissed as compromised, court fee refund directed, connected petition closed.
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A.S.No.571 of 2018
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2024
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE R.SAKTHIVEL
A.S.No.571 of 2018 and
C.M.P.No.25353 of 2019
M.Dhandapani
...Appellant
Vs.
M.Balasubramanian ...Respondent
Prayer : Appeal filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, to set aside the judgment and decree dated 29.08.2017 passed in O.S.No.13 of 2011 by the Principal District Judge, Villupuram.
For Appellant : Mr.T.R.Sundaram For Respondent : Mr.P.Mani
J U D G M E N T
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A.S.No.571 of 2018
(Judgment of the Court was delivered by R.SUBRAMANIAN, J .)
The decree for refund of advance granted by the trial Court in O.S.No.13 of 2011 is the subject matter of appeal.
2. Pending appeal the parties have entered into a compromise and the
appellant/ defendant has paid a sum of Rs.36,71,250/ by way of four demand drafts in full and final settlement of the claims of the plaitniff. The parties have also agreed that the respondent in this appeal will be entitled to a refund of Court fee paid in the appeal from this Court.
3. The said memo is recorded and the appeal is disposed of in terms of the memo of compromes. The memo of compromise shall form part of the decree. The judgment of the Hon'ble Supreme Court in High Court of Judicature at Madras Represented by its Registrar General Vs. M.C.Subramaniam and others reported in (2021) 3 SCC 560 , there will be a direction to re-fund the entire Court fee paid in this appeal in favour of the learned counsel for the respondent in the appeal. It will be open to the appellant to inform the factum of disposal of the appeal to the concerned
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A.S.No.571 of 2018
Sub-Registrar and have the entry regarding the factum of disposal of the appeal recorded. No costs. Consequently, the connected miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) 15.07.2024
dsa Index : No Internet : Yes Neutral Citation : No Speaking order
Note:-
The Registry is directed to issue order copy within three weeks from today.
Copy To
The Principal District Judge, Villupuram.
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A.S.No.571 of 2018
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
dsa
A.S.No.571 of 2018
15.07.2024
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Colour shows how this judgement treated each authority
1 provisions across 1 enactments
M.Dhandapani
M.Balasubramanian
R.Subramanian
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
