M.Venugopal And Another v. Dr.V.Vivian Kapil And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 327 of 2026 in C.S.No.154 of 2024

1. M.Venugopal 12/6, SAF Games Village Tower, Jawaharlal Nehru Road, 100 Feet Road, Koyembedu, Chennai 600 107.

2. Mrs.M.Hemalatha 12/6, SAF Games Village Tower, Jawaharlal Nehru Road, 100 Feet Road, Koyambedu, Chennai 600 107.

Applicants Vs

1. Dr.V.Vivian Kapil S/o.M.Venugopal 30 Beechbrooke, Rhyope, Sunderland, Tyne and Wear, United Kingdom SR2ONZ.

2.Dr.R.Ramya Revathi D/o.Mr.Rajagopal, U K Address Royal Cornhill Hospital Aberdeen, Scotland, United Kingdom AB252ZH, and No.59, Vanapattarai Street, Teppakulam Post, Trichy 620 002.

Respondent(s) PRAYER This application is filed to direct the registry to refund the excess court fee of Rs.1,76,938.50/- paid in C.S.No.154 of 2024. For Applicant(s):

Mr.Gowtham S.Raman Mr.S.Gokul For Respondent:

Mr.T.M.Mano for R2

ORDER

This application has been filed by the applicants to direct the Registry to refund the excess court fee of Rs.1,76,938.50/- paid in the main suit.

2. According to the applicants, they are the plaintiffs in the main suit filed for declaration, mandatory injunction and permanent injunction and the Court fee payable is Rs.1,77,058.50/- based on the value of the property. However the applicant has paid a sum of Rs.3,53,997/- and the amount of Rs.1,76,938.50/- has been paid in excess. Hence they prayed for refund of the excess Court fee.

3. On previous occasion, this Court had directed the Registry to file a report as to whether any excess Court fee paid by the applicants, is lying in the Court and the Registry has submitted a report stating that applicants / plaintiffs have paid excess Court fee of Rs.1,76,938.50/- in the suit.

4. Therefore from the report of the Registry, it is clear that the applicants / plaintiffs have paid excess Court fee of Rs.1,76,938.50/- in the suit and the applicants are entitled for the same. Accordingly, this application is allowed. 29-01-2026 vum

To 1.Dr.V.Vivian Kapil and another S/o.M.Venugopal 30 Beechbrooke, Rhyope, Sunderland, Tyne and Wear, United Kingdom SR2PNZ.

2.Dr.R.Ramya Revathi D/o.Mr.Rajagopal, U K Address Royal Cornhill Hospital Aberdeen, Scotland, United Kingdom AB252ZH, and No.59, Vanapattarai Street, Teppakulam Post, Trichy 620 002.

P.DHANABAL J.

vum A No. 327 of 2026 in C.S.No.154 of 2024 29-01-2026