9911796707
TMI Blog2009 (7) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 197/1985 on the file of the learned Addl. Civil Judge (Sr. Dn.) Shimoga against the appellants and also the respondent Nos. 2 3 in this second appeal for recovery of a sum of Rs. 50,053/-together with interest thereon. The said suit came to be decreed by the said Trial Court by its Judgment and decree dated 20.9,1995. Aggrieved by the said judgment and decree, the appellants filed RA No. 54/2000 in the Court of the learned District Judge, Davanagere. Aggrieved by the same Judgment and decree, the respondent No. 4 herein filed RA No. 56/2000 before the same Appellate Court. By its common judgment dated 24.3.2005, the Appellate Court dismissed both the said appeals and thereby confirmed the judgment and decree dated 20.9.1995 passed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of A. Sreeramaiah v. The South Indian Bank Ltd. Bangalore and Anr. reported in ILR 2006 KAR 4032 the learned Counsel for the appellant -applicants strongly contended that since the appellants got their dispute in the said RSA settled amicably with the first respondent therein namely Honnali Taluk Agricultural Produce Co-operative Marketing Society Ltd., without any intervention by this Court or any arbitrator/conciliator/mediator and got their said appeal dismissed 'as settled out of Court, they are entitled to refund of full court fees paid by them in the said RSA, as provided under Section 16 of the Court Fees Act, 1870. As against this, Sri H. Hanumantharayappa, the learned Government Pleader, strongly contended that the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 CPC, in that event the State may have to incur some expenditure but, if they get their dispute settled between themselves without the intervention of the court or any one else, such as arbitrator/mediator etc., the State would not be incurring any expenditure. This being so, I am of the considered opinion that whether the parties to a litigation get their dispute settled by invoking Section 89 CPC or they get the same settled between themselves without invoking Section 89 CPC, the party paying Court Pees in respect thereof should be entitled to the refund of full Court Fees as provided under Section 16 of the Court Fees Act, 1870. Therefore, the contention of the learned Government Pleader that the principles laid down by the Division Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
