Entitlement to court fee refund upon appeal withdrawal due to out-of-court settlement per relevant statutes.

(Judgment of the Court was delivered by C.V.Karthikeyan J.)

A joint memo dated 24.02.2026 duly signed by the learned counsel for the appellant/1st defendant and the learned counsel for the first respondent/plaintiff had been filed contending as under:-

“It is humbly submitted that the Suit claim in respect of the above Appeal has been mutually resolved and settled, full and final, between the Appellant/1st Defendant and the 1st respondent/plaintiff, outside the Court, in respect of the decree passed in the suit against the Appellant and 2nd and 3rd Respondents/Defendants.

In view of the settlement arrived at, the Appellant/1st defendant is not prosecuting the appeal and the same is withdrawn. In the light of such withdrawal, it is prayed that this Honorable Court may be pleased to order refund of the entire court fee paid by the Appellant/1st Respondent,(sic for 1st defendant) subject to statutory deductions by issuance of a cheque/transferring the amount directly to the account of the Appellant/ 1st Defendant.

It is humbly submitted that this refund of court fee is sought for in the light of the Judgement of the Honorable Supreme Court reported in 2021 (3) SCC Pg 560 in the matter of High Court of Judicature at Madras Rep. by Registrar General Vs. M.C.Subramaniam and others, wherein it was held in similar circumstances and facts, that the Appellant is entitled to the refund of the full Court fee paid in the appeal. It is hence prayed that this Honorable Court may be pleased to pass suitable orders on this memo as prayed for above and render justice.“

2. Learned counsel for the appellant and the respondent are present. The said memo is recorded. In view of the same, this Appeal is dismissed as settled out of court. The Appellant shall be entitled to refund of court fee as per Section 69A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955. No costs. The connected miscellaneous petition is closed.