LAWS(SC)-2024-12-72

SANJEEVKUMAR HARAKCHAND KANKARIYA Vs. UNION OF INDIA

Decided On December 19, 2024
Sanjeevkumar Harakchand Kankariya Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal questions the correctness of the judgment and order dtd. 1/10/2014 passed by the High Court of Judicature at Bombay (Aurangabad Bench) between the self-same parties, whereby the High Court refused the prayer of the appellant herein seeking -

(3.) The factual background which led the appellant to prefer the writ petition before the High Court was that he had entered into an agreement to sell a certain property located at Aurangabad. However, the said Agreement could not be performed and as such, he preferred Special Civil Suit No.274 of 2013 before the Court of the Civil Judge, Senior Division, Aurangabad, praying for a direction of specific performance of the contract. The dispute was referred to mediation under Sec. 89 CPC and, amicably resolved. The terms of settlement were presented to the Court and the Civil Suit was disposed of in terms of the said compromise. A request for refund of court fees was allowed only to the extent of 50%.