Judgment · High Court · 2008

P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~I.A. No.3225/2008 and A.S.No.24 of 2003~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~Dated this the 8th day of August, 2008J U D G M E N TJ U D G M E N TRAMAN, J.I.A.No.3225/2008 is a compromise petition filed under OrderXXIII Rule 3 of the Code of Civil Procedure signed by both the partiesand their respective counsel. It is agreed that the appellant and thefirst respondent have settled their dispute out of court and there is nolis pending between the parties. In the circumstances, the appeal isdismissed as withdrawn. One fourth of the court fee as sought for berefunded. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~I.A. No.3394/2008 in I.A.No.3225/2008 in A.S.No.24 of 2003~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~Dated this the 20th day of August, 2008

O R D E RO R D E RRAMAN, J.I.A.No.3225/2008, was a compromise petition reportingsettlement between the parties and requesting one fourth of the courtfee. We allowed the said petition as prayed for as per our judgmentdated 08/08/2008. It is now stated in the correction petition,I.A.No.3394/2008, that the request for one fourth amount is atypographical error for half of the court fee. We find that theappellant is entitled for refund of half the court fee in accordance withprovisions of the Court Fee Act when the matter is compromised. Therefore, the mistake is evident. Correction is allowed. Suo moto we review the judgment and allow the refund of halfthe court fee. Accordingly, in our judgment dated 08/08/2008,wherein one fourth of the court fee is referred to, the figure 'half' ofthe court fee may be substituted.P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms