The appellant challenged a decree but prior to judgment, the parties settled before the Lok Adalat. The court held the appellant entitled to a refund of court fees paid for the appeal suit and disposed of the matter as the dispute was settled.
Refund of court fee of Rs.2,46,734/- to the appellant; appeal suit disposed of.
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.
A.S.(MD)No.33 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN AND
THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN
A.S.(MD)No.33 of 2020 and C.M.P.(MD)No.4183 of 2023
N.Hiddayathulla ...Appellant
/Vs./
M.Neelakumar ...Respondent
PRAYER:- Appeal - filed under Section 96 of CPC, to set aside the decree and judgment passed in OS No.20 of 2015 dated 22.11.2017 on the file of the III Additional District Judge (FAC), Tiruchirappalli.
For Appellant : Mr.J.Anandkumar For Respondent : Mr.A.G.Rajan
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A.S.(MD)No.33 of 2020
JUDGMENT
(Judgment of the Court was made by V.BHAVANI SUBBAROYAN, J.)
The present appeal has been filed challenging the decree and judgment passed in OS No.20 of 2015 dated 22.11.2017 on the file of the III Additional District Judge (FAC), Tiruchirappalli.
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A.S.(MD)No.33 of 2020
the settlement amount which was agreed for settlement has been paid to the respondent, which was also conceded by the learned counsel appearing for the respondent.
to refund of Court fee for a sum of Rs.2,46,734/- paid by the appellant, at the time of filing the appeal suit.
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A.S.(MD)No.33 of 2020
6. In the result, this Appeal Suit is disposed of as the matter is settled between the parties before the lok adalat itself. No costs.
(V.B.S.J.) & (K.K.R.K.J.) 05.03.2024
NCC :Yes/No Index :Yes/No Internet :Yes sm
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A.S.(MD)No.33 of 2020
TO:-
1.The III Additional District Judge (FAC), Tiruchirappalli.
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A.S.(MD)No.33 of 2020
V.BHAVANI SUBBAROYAN, J. and K.K. RAMAKRISHNAN, J.
sm
Judgment made in A.S.(MD)No.33 of 2020
Dated: 05.03.2024
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2 issues framed by the court
Whether the court fee paid by the appellant is refundable after a compromise settlement is arrived at before the Lok Adalat.
Whether the appeal suit should be disposed of given the settlement between the parties.
1 provisions across 1 enactments
N. Hiddayathulla
M. Neelakumar
V. Bhavani Subbaroyan
K. K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
