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2023 DIGILAW 299 (MAD)

Maha Ganapathi Temple v. P. Muthukumar

2023-01-24

S.M.SUBRAMANIAM

body2023
ORDER : Prayer: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the order dated 07.07.2022 passed by the III Additional District Judge, Coimbatore on the file of the O.S. No. 766 of 2020 refusing to grant the Court Fee paid by this petitioner and allow this Civil Revision Petition. 1. The revision petition is filed questioning the order passed on 07.07.2022 on the memo filed by the petitioner in O.S. No. 766 of 2020. Based on the memo, the III Additional District Court at Coimbatore, dismissed the Suit as not pressed. 2. The learned counsel for the petitioner states that the petitioner is entitled for refund of Court Fee, since the Suit was not taken up for trial as no evidence recorded. 3. However, the revision petitioner has to file a petition seeking refund of Court Fee under the relevant provisions and in the event of filing any such petition, the Competent Court shall consider the same and pass appropriate orders on merits and in accordance with law. Thus, the petitioner is at liberty to file an appropriate petition seeking refund of Court Fee and such a petition is to be disposed of as expeditiously as possible. 4. Accordingly, the Civil Revision Petition in C.R.P. No. 112694 of 2022 stands disposed of. No costs.