Dismissed¶¶36

M/s. K.V.A. Brothers Transport v. M/s. Karur Ramavilas Corporation

Madras HC8 Dec 2025CMP(MD)/19209/2025

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court, K.Murali Shankar, J., 08-12-2025; CMP(MD)Nos.19209 & 19210 of 2025 in SA(MD)Nos.340 & 339 of 2021; refund of court fee (Rs.35,100/- and Rs.21,010/-) sought under Section 151 CPC after out-of-court settlement; held not maintainable since second appeals were dismissed as infructuous on 29.07.2024 following settlement, FS memo before Executing Court, raising of attachment and termination of execution petition; petitions dismissed, no refund granted.

What did the court decide?

As the appeals were dismissed as infructuous, refund of Court fee does not arise, making these petitions not maintainable. ¶¶34

M/s. K.V.A. Brothers Transport Vs M/s. Karur Ramavilas Corporation — Madras HC (2025) — LawSathi Research

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CMP(MD) Nos.19209 & 19210 of 2025 in SA(MD) Nos.340 & 339 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08-12-2025

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CORAM

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THE HONOURABLE MR JUSTICE K.MURALI SHANKAR

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C.M.P(MD) Nos.19209 and 19210 of 2025

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in S.A(MD) Nos.340 and 339 of 2021

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1.M/s.K.V.A. Brothers Transport, represented by its Managing Partner, K.V.Alagesan.

2.K.V.Alagesan

3.A.Gomathi

: Petitioners

(in both petitions)

Vs.

M/s.Karur Ramavilas Corporation, represented by its Power of Attorney Holder, V.Balasubramanian.

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: Respondent (in CMP(MD)No.19209 of 2025)

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M/s.Jayaram Enterprises, represented by its Power of Attorney Holder, V.Balasubramanian.

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: Respondents (in CMP(MD)No.19210 of 2025)

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(in both petitions)

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For Petitioners : Mr.A.Rajasekaran, For Respondents : Mr.P.Athimoola Pandian.

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1/4

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

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CMP(MD) Nos.19209 & 19210 of 2025 in SA(MD) Nos.340 & 339 of 2021

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Prayer in CMP(MD)No.19209 of 2025 :This Civil Miscellaneous Petition filed under Section 151 of C.P.C., to direct the Registry to refund the amount of Court fee Rs.35,100/- paid by the appellants in S.A(MD)No.340 of 2021.

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Prayer in CMP(MD)No.19210 of 2025 :This Civil Miscellaneous Petition filed under Section 151 of C.P.C., to direct the Registry to refund the amount of Court fee Rs.21,010/- paid by the appellants in S.A(MD)No.339 of 2021.

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COMMON ORDER

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The above petitions have been filed seeking orders to refund the Court fee Rs.35,100/- paid by the appellants in S.A(MD)No.340 of 2021 and Rs.21,010/- paid by the appellants in S.A(MD)No.339 of 2021.

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2.The learned counsel appearing for the petitioners would submit that since the matter was settled out of the Court, they are entitled to get the refund of the Court fee.

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It is evident from the records that the learned counsel for the respondents submitted before this Court that the matter has been settled between the parties and FS memo was filed before the Executing Court and on that basis, attachment was

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2/4

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

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CMP(MD) Nos.19209 & 19210 of 2025 in SA(MD) Nos.340 & 339 of 2021

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raised and execution petition was terminated and that the matter has become infructuous. Recording the same, this Court passed the judgment in second appeals

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on 29.07.2024 dismissed as infructuous.

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