K. Perugunarayana v. K.A. Kamalanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE SUNDER MOHAN K.Perugunarayana ... Appellant Vs.

1.K.A.Kamalanathan 2.K.A.Rajendran 3.K.A.Pratap 4.K.A.Ethirajan 5.K.A.Baskaran 6.S.Ashokan 7.K.R.Kamalakannan 8.R.Annamalai ... Respondents Prayer: This Appeal Suit is filed under Section 96 of Code of Civil Procedure against the judgment and decree dated 18.04.2016 made in O.S.No.203 of 2008 on the file of I Additional District Court, Thiruvallur. For Appellant : Mr.D.Gopinath for Mr.S.Udayakumar For R6 : No appearance 1/3

J U D G M E N T

[Judgment of the Court was delivered by V.M.VELUMANI,J.] The learned counsel appearing for the appellant seeks permission of this Court to withdraw this Appeal Suit as the matter has been amicably settled between the parties out of Court and also made an endorsement to that effect.

2.Recording the endorsement made by the learned counsel appearing for the appellant, this Appeal Suit is dismissed as withdrawn. In view of the judgment of the Hon'ble Apex Court reported in (2021) 3 SCC 560 (High Court of Judicature at Madras, represented by its Registrar General Vs. M.C.Subramaniam and others), the appellant is entitled to refund of the Court fee paid by him on Memorandum of Grounds of Appeal. Registry is directed to refund the Court fee affixed in the Memorandum of Grounds of Appeal, to the appellant. No costs.

(V.M.V., J) (S.M., J) 07.11.2022 kj 2/3

V.M.VELUMANI, J.

and SUNDER MOHAN, J.

kj To 1.I Additional District Judge, Thiruvallur.

2.The Section Officer, VR Section, High Court, Madras.

07.11.2022 3/3