K.Kayalvizhi (Died), 2) Meenavinodhini v. G.Vanaja Ganapathi

Madras HC1 Apr 2025CMP(MD)/4188/2025

Case brief

AI extract

What is this about?

Keywords: Court fee refund; deceased appellant; only legal heir; death certificate; legal heirship certificate; appeal suit dismissed as settled out of Court; Registry refund direction; cause title acceptance (C.M.P.(MD)No.10688 of 2024); underlying decreed money suit of Rs.14,25,071/- (12.07.2019); judgment of 25.02.2020 in A.S.(MD)No.227 of 2019; CMP(MD)No.4188 of 2025; Madurai Bench of Madras High Court; Justice P.Vadamalai; petitioner Meenavinodhini/Kayalvizhi (Theni); respondent G.Vanaja Ganapathi; counsel Mr.N.Kamesh; Additional District Judge (FTC), Theni notified.

What did the court decide?

Permission granted to petitioner Ms.Meenavinodhini to receive the Court fee on behalf of her deceased mother; Registry directed to refund the Court fee to her as per rules. ¶32-33

K.Kayalvizhi (Died), 2) Meenavinodhini Vs G.Vanaja Ganapathi — Madras HC (2025) — LawSathi Research

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CMP(MD) NO. 4188 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01-04-2025

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CORAM THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 4188 of 2025 IN

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AS(MD) NO. 227 of 2019

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K.Kayalvizhi (Died), 2) Meenavinodhini W/o.Late.Kasi Viswanathan, South Street, Kodangipatti, Theni Taluk and District.

Petitioner(s)

G.Vanaja Ganapathi,

W/o.Ganapathi, 79, Narandradev Street, Samatharmapuram, Theni Taluk and District.

Respondent(s)

For Petitioner(s):

Mr.N.Kamesh

ORDER

This Civil Miscellaneous Petition has been filed seeking order to permit the petitioner/Ms.Meenavinodhini to receive the Court fee on behalf of her deceased

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mother/Ms.Kayalvizhi based on the judgment passed by this Court on 25.02.2020 in A.S.(MD)No.227 of 2019.

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Heard the learned counsel for the petitioner, and I have perused the affidavit

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https://www.mhc.tn.gov.in/judis filed in support of this petition, and have also perused both the death certificate as

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1/3

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CMP(MD) NO. 4188 of 2025

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well as the legal heirship certificate of the deceased Kayalvizhi.

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The learned counsel for the petitioner submitted that the respondent/plaintiff

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has filed a money suit against the appellant/defendant for recovery of a sum of Rs.14,25,071/- (Rupees Fourteen Lakhs Twenty Five Thousand and Seventy One only) with subsequent interest and cost, and the said suit was decreed on 12.07.2019. Aggrieved by the said decree and judgment, the defendant/petitioner's mother filed an Appeal Suit, in A.S.(MD)No.227 of 2019, before this Court.

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When the said Appeal Suit was pending, both the parties mutually settled the matter out of Court. Recording the same, this Court dismissed the said Appeal Suit as settled out of Court with a direction given to the Registry to refund the Court fee to the petitioner's mother/appellant therein as per law.

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Further, the learned counsel for the petitioner submitted that after dismissal of the Appeal Suit, the appellant died leaving behind the petitioner herein/Ms.Meenavinodhini as her only legal heir. Accordingly, the petitioner herein has filed a petition, in C.M.P.(MD)No.10688 of 2024, before this Court to accept the cause title and the same has also been ordered on 21.01.2025.

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Now, the petitioner herein has filed the present Civil Miscellaneous Petition seeking order to permit her to receive the Court fee on behalf of her deceased mother.

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