AI Structured Summary
Not yet generated for this judgment
Judgment
A.C. Arumugaperumal Adityan, J.—This revision has been directed against the Check Slip dated 9.1.2009 issued in A.S. No. 586 of 2007
on the file of the Additional District Judge (Fast Track Court No. V) Chennai.
The grievance of the revision petitioner is that he is entitled to redeem the suit mortgage on payment of Rs. 4,05,818/- only and for that amount,
he had already paid Court fee of Rs. 15,600.50ps along with the plaint, but as per the Check Slip issued by the Court, he was directed to pay
additional Court Fee of Rs. 22,937/- saying that the plaintiff is liable to pay Court Fee for a sum of Rs. 5,13,818/- ie., Rs. 4,05,818/- +
subsequent interest of Rs. 1,08,000/- totalling Rs. 5,13,818/-. According to the learned Counsel for the revision petitioner, the calculation of
interest is in correct. The Judgment in A.S. No. 586 of 2007 on the file of Additional District Judge(Fast Track Court No. V) Chennai was sent
for by this Court and the same was perused. While answering the point No. 5, the learned First Appellate Judge/FTC No. 5 , Chennai has given a
finding as to the effect that the plaintiff is entitled to redeem the mortgage on payment of Rs. 4,05,818/- with subsequent interest of Rs. 1,08,000/-
totalling Rs. 5,13,818/- within 30 days from the date of Judgment and for return of documents in pursuance of redemption and also for perpetual
injunction as prayed for. So as per the Judgment of the learned First Appellate Judge,/Fast Track Court No. V, Chennai, the plaintiff is liable to
pay the additional Court Fee of Rs. 22,937/-(Court Fee due on Rs. 5,13,818 is Rs. 38,537/-, Court Fee already paid at the time of presentation
of plaint is Rs. 15,600.50ps. So Additional Court fee to be paid Rs. 22,937/-. If the revision petitioner has got any grievance in respect of
Judgment in A.S. No. 586 of 2007, the remedy open to the revision petitioner is to prefer second appeal. Under such circumstances, I do not find
any reason to interfere with the issuance of Check Slip in A.S. No. 586 of 2007 by the Additional District Judge/Fast Track Court No. V,
Chennai. Time for payment of Additional Court Fee is three weeks from today. With the above observations, this civil revision petition is disposed
of. Consequently, connected M.P. No. 1 of 2009 is closed.