Manoharan v. Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.11.2023 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA and C.M.P.Nos.3524 and 1870 of 2021 Manoharan ...Appellant Vs.

Selvaraj

...Respondent

PRAYER: This Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and decree dated 20.02.2020 made in A.S.No.14 of 2017 by Principal District Judge at Puducherry confirming the judgment and decree dated 26.04.2017 made in O.S.No.15 of 2014 by Principal Sub Judge at Puducherry. For Appellant : Mr.K.Sellathurai For Respondent : No Appearance

J U D G M E N T

It is noticed that the appellant/petitioner has paid two sets of Court Fee, one on 22.09.2020 and the other on 26.11.2020. This application in C.M.P.No.3524 of 2021 is filed seeking refund of one of the Court Fees

that was paid. Therefore, taking into account of the above fact, the regular Court Fee of Rs.20,251/- [Rupees Twenty Thousand and Two Hundred and Fifty One only] which was paid on 22.09.2020 shall be refunded to the appellant. The Registry is directed to refund the court fee in the name of the learned counsel appearing for the appellant/petitioner. 2.

However, it is noted that though the sole respondent died as early as in the year 2021, till date, the appellant/petitioner has not taken any steps to bring his legal representatives on record. Therefore, the above second appeal is dismissed as abated. Connected C.M.P. stands closed. No costs.

22.11.2023 Index :Yes/No Internet:Yes/No ssa To

1. The Principal District Judge, Puducherry.

2. The Principal Sub Judge, Puducherry.

3. The Section Officer, V.R.Section, High Court, Madras

P.T.ASHA.J, ssa and C.M.P.Nos.3524 and 1870 of 2021 22.11.2023