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High Court of Punjab and HaryanaCR/3440/2026allowed

Pankaj v. Surender Singh

2026-04-23Mr. Justice Amarinder Singh Grewal2 pages

CR-3440-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (119) CR-3440-2026 Date of Decision:-23.04.2026 Pankaj ......Petitioner

Versus

Surender Singh ......Respondent

CORAM:

HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present:

Mr. Bikram Chaudhary, Advocate, for the petitioner.

**** AMARINDER SINGH GREWAL, J. (Oral) 1.

The present civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 28.05.2025 (Annexure P-1), passed by the learned Civil Judge (Junior Division), Assandh, District Karnal, whereby the suit was dismissed as withdrawn on account of settlement arrived at between the parties. However, no order was passed regarding refund of the court fee deposited by the petitioner/plaintiff.

2.

Learned counsel for the petitioner submits that the petitioner had instituted a civil suit for possession by way of specific performance on the basis of an agreement to sell dated 22.02.2023. He further submits that during the pendency of the suit, the parties arrived at a settlement and, accordingly, a statement to that effect was suffered by counsel for the petitioner/plaintiff, pursuant to which the trial Court dismissed the suit as withdrawn vide order dated 28.05.2025 (Annexure P-1). However, no SHUBHAM 2026.04.27 16:13 I am the author of this document -1-

CR-3440-2026 direction regarding refund of the court fee was incorporated in the said order. Hence, the present petition has been filed seeking refund of the court fee affixed with the plaint.

3.

Heard.

4.

In view of the submissions made by learned counsel for the petitioner and upon perusal of the record, it is evident that a request for refund of court fee was duly made; however, due to an inadvertent omission, the same was not reflected in the order dated 28.05.2025 (Annexure P-1). Accordingly, the present petition is allowed. 5.

The petitioner is directed to appear before the learned trial Court, and the learned trial Court shall consider and process the refund of the court fee affixed with the plaint, in accordance with law. 6.

The present application stands disposed of accordingly. 7.

Pending application(s), if any, shall also stand disposed of. (AMARINDER SINGH GREWAL) JUDGE 23.04.2026 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No SHUBHAM 2026.04.27 16:13 I am the author of this document -2-