N.Mohan v. G.Jaganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2020

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM A.S.No.327 of 2013 and M.P.No.1 of 2013 N.Mohan ...Appellant/Defendant Vs.

G.Jaganathan

...Respondent/Plaintiff

Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure Read with Order No.41 of C.P.C., to set aside the Decree and Judgment dated 05.03.2013 in O.S.No.173/2011 on the file of Vth Additional District and Sessions Judge, Coimbatore (FTC III).

For Appellant : Mr.K.Prabhakaran For Mr.R.Rajarajan For Respondent : Mr.S.Mukunth For M/s.Sarbhauman Associates

JUDGMENT

The learned counsel appearing on behalf of the appellant made a submission that the issues between the parties to the appeal suit had already been settled out of Court.

2. In view of the fact that the issues were settled out of Court, the appellant is permitted to withdraw the appeal suit and accordingly, the appellant is entitled for refund of Court Fee.

3. Accordingly, the Registry, High Court of Madras is directed to refund the full amount of Court fee by following the procedures under Section 69-A of the Tamil Nadu Court Fee and https://hcservices.ecourts.gov.in/hcservices/

Suit Valuation Act, 1955.

4. Consequently, the appeal suit in A.S.No.327 of 2013 stands disposed of. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Kak To The Vth Additional District and Sessions Judge, Coimbatore(FTC III).

A.S.No.327 of 2013 CO(KJ) BDL/30/12/2020 https://hcservices.ecourts.gov.in/hcservices/