(This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dt.22.9.2007 vide Ann-C passed by the City Civil Judge (CCH-28), Bangalore and etc.)

The petitioner/plaintiff in O.S.No.5310/2007 on the file of City Civil Judge at Bangalore city, is before this Court praying for quashing the order dated 22.09.2007 passed in the above said suit at Annexure ‘C’ and direct the City Civil Court to refund the entire Court Fee (institution fee) paid in O.S.No.5310/2007.

2. The petitioner is hereinafter referred to as ‘the plaintiff’.

3. Keeping in view the relief sought for, notice to Respondent No.1 is dispensed with.

4. Learned counsel for the plaintiff submits that the plaintiff filed a suit in O.S. No.5310/2007 for recovery of Rs.4,00,000/- by paying Court Fee of Rs.26,875/-. On 22.09.2007, a memo was filed in the suit stating that the matter was settled and therefore, the plaintiff wanted to withdraw the suit and also prayed for refund of full Court Fee paid on the suit. On the basis of the memo, the Trail Court dismissed the suit as not pressed, but ordered to refund only half Court Fee to the plaintiff. Learned counsel