KALAIMAGAL SABHA Vs. T C LAKSHMI

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and decree dated 20.12.2002 in O.S.No.19 of 2002 on the file of Additional District Judge (Fast Track Court No.2), Cuddalore, in and by which the suit filed by the appellant/plaintiff society came to be dismissed.

(2.) THE plaintiff society acquired properties in various places in the State of Tamil Nadu. THE plaintiff society entered into an agreement with T.D.Govindarajulu, the husband of 1st defendant/1st appellant. In the said agreement, the appellant society has paid advance of Rs.10,00,000/- out of the total sale consideration of Rs.15,92,500/-. By the Order of the Government, a Special Officer was appointed to manage the affairs of the Society. THE plaintiff society filed the suit ? O.S.No.19 of 2002 against the respondents/defendants for recovery of Rs.10,00,000/- along with interest at the rate of 10% p.a. and the subsequent interest at the rate of 6% p.a. By judgment dated 20.12.2002, the said suit came to be dismissed. Being aggrieved by the dismissal of the suit, the plaintiff sociality represented by the representatives ? joint receivers filed this appeal.

(3.) IN the result, the appeal is dismissed as settled out of court. Since the appeal is settled out of court in pursuance of the order in Sub Memo No.42 in W.P.No.514 of 1999, the respondents/defendants are entitled to refund of permissible court fee i.e., half of the court fee less 5%.