GAYATHRI Vs. INDIRA RAJASHEKAR

JUDGEMENT

(1.) THE only question that arises for consideration is whether the appellant is entitled to refund of 50% of the amount of court fee paid by her on the memo of appeal in terms of Section 66 of Karnataka court fees and suits valuation Act, 1958.

(2.) AGGRIEVED by a decree granted in favour of the respondent by the city civil court, Bangalore, the appellant preferred the present appeal, in which by an interim order dated 10th of august, 1998, she was directed to deposit a sum of Rs. 2,25,000/- within three months to be paid to the decree-holder subject to the condition that in case the appeal succeeded, the amount so received by him shall be repayable with inter- est at the rate of 12% per annum. The appellant, it appears did not deposit the amount in question with the result the execution proceed ings instituted before the court below continued and were concluded in terms of a settlement between the parties upon payment by the appel lant of a sum of Rs. 2,85,000/- in full and final satisfaction of the decree holders claim under the decree passed in his favour. The executing court by its order dated 27th of december, 1999 closed the proceedings accordingly. A memo was thereafter filed before this court seeking with drawal of the appeal and a direction for refund of 50% of the court feel paid on the same.

(3.) MR. Navadgi, learned counsel for the appellant, argued that the matter having been settled before commencement of the hearing of the appeal, the appellant was entitled to the refund claimed under Section 66 (c) of the Karnataka Court Fees and Suits Valuation Act, 1958. In support he placed reliance upon a single bench decision of this court in Abdul Haleem v Kalique Ahmed (deceased) by L. rs.