JUDGMENT

Alka Sarin, J. (Oral) - Learned counsel for the appellant, at the outset, seeks permission to withdraw the present appeal on the ground that the sale deed has since been executed qua the suit property in the name of the wife of the plaintiff-appellant. Learned counsel for the appellant further prays for refund of the court fees stating that since the matter had been compromised, hence, the plaintiff-appellant would be entitled to the refund of the court fees as per Section 16 of the Court Fees Act, 1870 (hereinafter referred to as the 1870 Act').

2. In view of the statement made by learned counsel for the plaintiff-appellant, the present appeal is dismissed as withdrawn.

3. Qua the prayer made by learned counsel for the appellant for refund of the court fees, a pointed query was put to the counsel as to whether there was any written compromise or any other document to show that the matter had been compromised between the parties. Learned counsel is unable to refer to any such document.

4. Section 16 of the 1870 Act reads as under :

'16. Refund of fee - Where the Court refers the parties to the suit to any one of the mode of settlement of dispute referred to in Section 89 of the