Judgment :- R. BANUMATHI, J. 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. It was stated that during the pendency of the appeal, the defendants have paid the entire suit claim along with the court fee payable also. Regarding this, earlier a Sub Memo came to be filed in W.P.No.514 of 1999 evidencing the refund of the advance amount of Rs.10,00,000/- and also the court fee. Recording the Sub Memo in W.P.No.514 of 1999, Hon'ble Justice F.M.Ibrahim Kalifulla, (as His Lordship then), passed an order on 18.7.2008. As per the said order, the parties have to record the out of court settlement in this appeal and on such recording in the appeal, the court fee paid by the appellant will have to be refunded to the respondents/defendants. We may usefully refer to paragraph No.4 of the said order, dated 18.7.2008, which reads as under: "4. Therefore, this memo stands disposed of with a direction to the vendors to pay a sum of Rs.3,00,000/- within a period of a month from the date of receipt of a copy of this order. On such deposit being made by the vendors within the stipulated time limit, the Joint Receivers are directed to issue necessary full and final settlement receipt in favour of the vendors namely, T.G.Lakshmi, T.G.Ramya and T.G.Divya. On such deposit being made by the vendors within the stipulated time limit, the Joint Receivers are directed to issue necessary full and final settlement receipt in favour of the vendors namely, T.G.Lakshmi, T.G.Ramya and T.G.Divya. In view of the vendors agreeing to pay a sum of Rs.3,00,000/- towards court fee and other litigation expenses incurred, the Joint Receivers may seek for appropriate orders in the first appeal, after reporting settlement outside the Court for refund of permissible court fee and thereafter, the refunded court fee shall be paid to T.G.Lakshmi and other legal heirs at the earliest point of time. After issuance of full and final settlement receipt, the agreement entered into between Kalaimaghal Sabha and the vendors dated 06.01.1997 shall stand cancelled." 4. Now the memo has been filed by the appellant/plaintiff stating the receipt of the amount and the settlement of the appeal outside Court. Learned counsel for the respondents/ defendants Mr.V.Chandrakanthan prays for refund of court fee in pursuance to the order passed in the sub-memo No.42 in W.P.No.514 of 1999. In view of the above order passed in the sub-memo No.42 in W.P.NO.514 of 1999, respondents/defendants are entitled to refund of the permissible court fee. 5. 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%.