JUDGMENT

Sushrut Arvind Dharmadhikari, J. - Heard on the question of admission.

2. In this petition under Article 227 of the Constitution of India, the petitioners have assailed the legality, propriety and validity of the order dated 21/12/2022, passed in Civil Suit No.1100001/16 by the First Additional District Judge, Neemuch(M.P.) whereby though the joint application filed by the petitioners/plaintiffs and the respondents for compromise between the parties under Order 23 Rule 3 has been allowed, but the learned trial Court has refused to refund the Court Fees.

3. The facts of the case are not necessary for the purpose of deciding the issue of refund of Court Fees.

4. Admittedly, the trial Court has allowed the application under Order 23 Rule 3 of CPC, however, has refused to refund the Court Fees on the ground that the petitioners were negligent in filing the documents and the matter was fixed for evidence and, therefore, the case for refund of Court Fees does not fall within the meaning of Section 89 of the CPC.

5. Learned counsel for the petitioners contended that as per Section 89 of the CPC, the Court is required to formulate the terms of settlement in respect of the dispute, whic