J U D G M E N T

The original petition is filed to set aside Ext P7 order passed in I.A.No.4278/2016 in O.S.No.916/2011 of the Court of the Additional Subordinate Judge - I, Thiruvananthapuram.

2. The petitioner is the plaintiff in the above suit filed against the respondent for a decree for specific performance. The suit was dismissed for default on 30.07.2015. The petitioner had filed Exts.P2 and P3 applications to restore the suit and to condone the delay in filing Ext.P2. The Court of the Additional Subordinate Judge – II, Thiruvananthapuram, by Ext.P4 order restored the suit. The parties were referred for mediation, and their disputes were settled as per Ext.P5 mediation report. Hence the petitioner is entitled to get refund of the entire court fee of Rs.3,30,400/-. By an inadvertent mistake, Exts.P2 and P3 applications were filed and Ext.P4 order was passed by the II Additional Subordinate Judge instead nd of the I Additional Subordinate Judge. Therefore, the st petitioner filed Ext.P6 application before the I Additional st Subordinate Judge’s Court to accept the mediation report, decree the suit and order the refund of the court fee. But, the I Additional Subordinate Judge, by