ANUJ CHAUDAHRY Vs. SHEYOLA RAM

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dated 10.08.2018 whereby the prayer for refund of the court fees has been rejected.

(2.) A brief matrix of the facts relevant to the present case is that the plaintiff-petitioners instituted a suit for specific performance of the contract dated 07.03.2012. The suit was contested and the trial court vide judgment and decree dated 16.12.2015 decreed the suit for specific performance of the contract directing the respondent to execute the sale deed. Court fees was paid on the sale consideration of Rs.80.40 lakhs. At the stage of execution, the matter was referred to the Mediation & Conciliation Centre. Before the Mediation & Conciliation Centre, Karnal, the parties entered into an amicable settlement and the plaintiff- petitioners gave up their right of execution of specific performance of the agreement and agreed to receive a lumpsum amount of Rs.20 lakhs, which was to be paid by the respondent. Consequent to the settlement, the Court below accepted the settlement but rejected the prayer for refund of the court fees. Aggrieved by the said order dated 10.08.2018 whereby the prayer for refund of court fees was rejected, the petitioners have filed the present revision petition.

(3.) Notice of motion was issued. However, none has appeared despite service on behalf of the respondent. I have heard the learned counsel for the petitioners.