K.T. SANKARAN,J.
The appellant is the 3rd defendant in O.S.No.117/2005 on the file of the Court of Principal Subordinate Judge, Alappuzha. The suit was filed by the respondents against the appellant and two others for realisation of money. The trial Court decreed the suit for a sum of ₹9,86,000/- together with interest at 12% per annum from the date of suit and costs.
2. Originally, defendants 1 and 2 were made parties to this appeal as respondents 3 and 4. Later, on the application by the appellant/3rd defendant, the name of respondents 3 and 4 were struck off from the appeal.
3. The disputes between the appellant/3rd defendant and the respondents/plaintiffs were settled before the Mediation Centre and a Memorandum of Settlement dated 24.9.2014 was signed by them. The terms of the Memorandum of Settlement read as follows:
“The subject matter of the above appeal as regards the Appellant/3rd Defendant and Respondents 1 & 2/ Plaintiffs is settled between the parties on the following terms and conditions (Respondent No.3 & 4 are deleted from the party array of the appeal vide order dated 20.09.2014 in I.A. No.2156/2014):
1. Respondents 1 & 2/Plaintiffs have received from the appellant/3rd Defendant, an amount of Rs.4,00,000/- (Rupees Four Lakhs only) in cash towards full and final settlement of all their claims as against the appellant/3rd defendant and in full satisfaction of the decree in O.S.No.177/2005 of the Principal Sub Court, Alappuzha as against the appellant/3rd defendant.
2. In consideration of having received the said amount of Rs.4,00,000/- respondents 1 & 2/plaintiffs have agreed to discharge the appellant/3rd defendant from all claims against her with respect to the subject matter of above appeal and the suit from which it arises.
3. Respondents 1 & 2/plaintiff have agreed to withdraw the Execution Petition filed by them before the Subordinate Judge's Court, Chengannur against the Appellant/3rd defendant.
4. The order of attachment of the property of Subha Murugan passed in the Execution Petition in O.S. No.117/2005 of the Sub Court, Alappuzha may be treated as lifted and this fact may be communicated to the SRO Chengannur from this Hon'ble Court at the expense of the appellant.
5. The parties agree that respondents 1 & 2/plaintiffs will have the right to proceed against defendants 1 & 2 for realization of the balance decree amount in O.S.No.117/2005 of the Sub Court, Alappuzha.
6. The parties have agreed to pray for return of court fees paid by both parties in the proceedings before the Trial Court as well as in the above appeal.
7. The parties agree that the above appeal may be disposed of as per this settlement.”
Memorandum of settlement is recorded and the appeal is disposed of in terms of the settlement.
4. Though there is a prayer for return of Court fee paid by both parties in the proceedings before the trial Court as well as in the appeal, that prayer cannot be allowed in full. Only the Court fee paid on the Memorandum of Appeal can be refunded under Section 69A of the Kerala Court Fees and Suit Valuation Act. Accordingly, there will be a direction to refund the Court fee actually paid on the Memorandum of Appeal to the appellant.
K.T. SANKARAN, JUDGE.
acd P.D. RAJAN, JUDGE.