RAMKRISHNAN Vs. VENUGOPALAN

JUDGEMENT

(1.) This petition is filed by the appellant claiming refund of one half of the court fees paid in the appeal. The appeal was withdrawn by filing a memo stating that the appellant and respondent have settled the matter out of court and the appellant prefers to withdraw the appeal. In the memo there was a request to refund the entire court fee. The question that arises for consideration is whether the petitioner is entitled for refund of any court fee paid in the appeal.

(2.) According to the learned counsel for appellant, when the appeal is withdrawn on arriving at a settlement between the appellant and the respondent, it amounts to a compromise as envisaged under O. XXIII R. 3 of the Code of Civil Procedure (hereinafter referred as 'Code') attracting S. 69 of the Kerala Court Fees and Suits Valuation Act (hereinafter referred to as the 'Act').

(3.) Apparently, one half court fee on the memorandum of appeal shall be ordered to be refunded if an appeal is compromised. The short question is whether the memo now produced by the counsel for appellant amounts to a compromise. The memo reads as under: