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2026 Supreme(Online)(Ker) 7688

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
P.DEVAKI AMMA – Appellant
Versus
SIVADASAN – Respondent
RFA NO. 484 OF 2004



Important Points

Settlement out of court entitles parties to refund of court fees as per relevant legal precedent.

Subject

Civil - Court Fee

Headnote

This judgment pertains to RFA NO. 484 OF 2004 where the matter was settled out of court between the appellant and respondent, with the entire amount covered by the decree paid at the execution stage. The appellant is entitled to a refund of the court fee as per the decision in High Court of Judicature at Madras, rep. by its Registrar General v. M.C.Subramaniam and Others [2021 (2) KHC 62]. Consequently, the appeal is disposed of.

Advocates:
For the Appellants/Petitioners: SRI.A.AHZAR
For the Respondents: SHRI.R.S.KALKURA

JUDGMENT

It is submitted by the counsel on both sides that the matter is settled between the parties out of court and the entire amount covered by the decree has been paid at the execution stage itself.

2. Learned counsel for the appellant has filed a memo dated 29.01.2026 producing the order in E.A.No.84/2005 in E.P.No.30/2004 in O.S.No.209/1996 on the files of the Sub Court, Nedumangad.

3. In the light of the memo, this appeal is disposed of.

Since the matter has been settled out of court, the appellant is entitled for refund of the court fee paid in terms of the decision in High Court of Judicature at Madras, rep. by its Registrar General v. M.C.Subramaniam and Others [2021 (2) KHC 62] . The Registry may refund the same on usual terms.

Sd/-

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