ANISHA MALHOTRA Vs. AMITESHWAR SINGH

JUDGEMENT

(1.) This is an application filed on behalf of the plaintiffs seeking a direction to the registry to de-seal the original agreement to sell dated 21.10.2004 and return the same to the plaintiffs. The learned counsel for the defendants have not objection to this application being allowed. The same is allowed.

(2.) This is an application filed on behalf of the plaintiff for refund of the court fee amount of Rs 1,48,850/- paid by the plaintiffs at the time of presentation of the plaint. The parties had been referred to mediation which has ultimately resulted in settlement of the disputes. In view of the provisions of Section 89 of the Code of Civil Procedure, 1908 and section 16 of the Court Fees Act, 1870, the plaintiffs are entitled to a refund of the court fee paid on the plaint. The appropriate certificate be issued. This application is allowed to the aforesaid extent.

(3.) This is an application under Order 23 Rule 3 of the Code of Civil Procedure read with Section 151 thereof filed jointly on behalf of the plaintiff and the defendant praying that the joint Memorandum of Settlement dated 23.05.2007 annexed as annexure P-1 be taken on record and the suit be disposed of in terms of the said settlement. It is also prayed that the defendant No.5 be deleted from the array of parties.