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Vasanthi v. Regina Mary

Court fee – refund

Madras HC10 Jun 2025CMP/4213/2025

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What is this about?

Madras High Court; Justice R. Sakthivel; decided 10.06.2025; CMP.No.4213 of 2025 in A.S.No.70 of 2021; Vasanthi and Valliammal v. Regina Mary; refund of court fee on withdrawn appeal suit; appeal withdrawn 02.11.2022; settlement out of court; compromise deed dated 15.10.2022; Section 66(1) Tamil Nadu Court-fees and Suits Valuation Act 1955; Section 96 CPC; relies on 2021 (3) SCC 560 (High Court of Judicature at Madras v. M.C.Subramaniam); underlying litigation O.S.No.96 of 2015, II Additional District Judge, Puducherry; Registry directed to refund court fee as per Rules.

What did the court decide?

Refund of the court fee paid by the petitioners/appellants in A.S.No.70 of 2021, to be effected by the Registry as per Rules. ¶36

Vasanthi Vs Regina Mary — Madras HC (2025) — LawSathi Research

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CMP.No.4213 of 2025 in A.S.No.70 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.06.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

CMP.No.4213 of 2025

in A.S.No.70 of 2021

1. Vasanthi

Valliammal ... Petitioners / Appellants

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Vs.

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Regina Mary

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... Respondent / Respondent

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PRAYER IN CMP.No.4213 of 2025 : This Civil Miscellaneous Petition

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filed under Section 66 (1) of the Tamil Nadu Court-fees and Suits Valuation Act, 1955, praying to refund the court fee paid by the petitioner / appellant towards this Hon'ble High Court in A.S.No.70 of 2021.

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PRAYER IN A.S.No.70 of 2021 : This Appeal Suit filed under Section 96 of CPC, against the Judgment and decree dated 28.11.2019 made in O.S.No.96 of 2015 on the file of the Court of the II Additional District Judge, Puducherry.

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For Petitioners : Mr.T.Shanmugam For Respondent : Mr.E.V.Chandru

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Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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CMP.No.4213 of 2025 in A.S.No.70 of 2021

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ORDER

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This Civil Miscellaneous petition is filed by the petitioners / appellants seeking to refund the court fee paid by the petitioners / appellants towards this Court in A.S.No.70 of 2021.

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Heard Mr.T.Shanmugam, learned counsel appearing for the

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petitioners / appellants and Mr.E.V.Chandru, learned counsel appearing for the respondent.

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The learned counsel for the petitioners / appellants submits that the appeal in A.S.No.70 of 2021 had already been withdrawn as early as on 02.11.2022, by making the following endorsement in the Court bundle:-

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"the parties have settled the matter out of Court by arriving at a compromise between them by compromise deed dated 15.10.2022. Hence, this appeal may be withdrawn as settled out of Court".

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