C.Durai v. M.K.S.Vijayakumaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2020

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM A.S.No.65 of 2011 C.Durai ..Appellant/Plaintiff Vs.

1.M.K.S.Vijayakumaran 2.V.Hemamalini 3.Government of Tamil Nadu, Rep.by the District Collector, Coimbatore-18 4.District Revenue Officer(Stamps), Coimbatore Collectorate, Coimbatore-18.

5.Sub-Registrar, Mettupalayam, Coimbatore District. ..Respondents Prayer : First Appeal filed against the Judgment & Decree dated 30.08.2010 passed in O.S.No.710 of 2008 on the file of the Additional District Court(Fast Track Court No.III), Coimbatore. For Petitioner : Mr.D.Bhakthavachala Babu for M/s.V.G.Suresh Kumar For Respondents : Mr.D.Ravichandar for R1 No-appearance for R2 Mr.T.M.Pappiah, Special Government Pleader for RR3 to 5.

ORDER

The learned counsel appearing on behalf of the appellant made a submission that the issues between the parties in the appeal suit had been settled out of Court. In view of the said settlement, no further adjudication needs to be entertained in respect of the grounds raised in the appeal suit and accordingly, the appeal suit stands dismissed as settled out of Court.

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2. In view of the fact that the appeal suit has not taken for hearing and the parties had settled the issues out of Court, the appellant is entitled for refund of Court fee under Section 69 A of the Tamil Nadu Court Fee and Suit Valuation Act. Accordingly, the Registry is directed to refund the Court fee by following the procedures contemplated.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To The Additional District Judge Court(Fast Track Court No.III), Coimbatore.

Copy To The Section Officer, V.R Section , High Court, Madras.

+1 cc to M/s.V.G.Suresh Kumar, Advocate Sr.No. 12254 +1 cc to M/s.D.Ravikumar, Advocate Sr.No. 12936 +1 cc to The Government Pleader, Sr.No. 13630 A.S.No.65 of 2011 EV(CO) RMP(30/09/2020) https://hcservices.ecourts.gov.in/hcservices/