Regarding Court Fee

Querist : Anonymous (Querist) 12 December 2010 This query is : Resolved
Learned Experts,
I am about to file a civil suit for removal of encroachment of my land by my neighbor. Here I have to pay the court fee. If in the meantime out of court settlement happens then can I get the court fee back? In this situation what is the best option for me?
Plz. Guide me.
Thanks and great regards.

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adv. rajeev ( rajoo ) (Expert) 12 December 2010
I think there is a minimum court fee for the Mandatory Injunction. It is compromised court fee will not be refunded.

Kirti Kar Tripathi (Expert) 12 December 2010
yes, i agree

Khaleel Ahmed (Expert) 12 December 2010
No court fee will be refunded unless the order of the court in this regard.

Y V Vishweshwar Rao (Expert) 12 December 2010
If the Matter is compromised in the LOk Adalath the Court/Legal Services Authority paid by the parties will be refunded by order of the Court .

Uma parameswaran (Expert) 12 December 2010
Court consent is necessary.Discuss with your lawyer and take appropriate steps.

Advocate Bhartesh goyal (Expert) 12 December 2010
Yes,Mr.Rao is right.

SANJAY GUPTA (Expert) 12 December 2010
I Agreed with Mr. Rao

Advocate. Arunagiri (Expert) 12 December 2010
I agree with Mr.Rajoo.

Kirti Kar Tripathi (Expert) 12 December 2010
once case is filed and court fee is paid it can not be refunded.

s.subramanian (Expert) 12 December 2010
Mr.Rao is right.

Arvind Singh Chauhan (Expert) 12 December 2010
Rao Sir is right.

Querist : Anonymous (Querist) 12 December 2010
Many many thanks for the guidance, as I have heard that civil suits are out of the purview of Lok Adalat.
What I meant was that if the other party vacates or compensate me somewhere else in that case If I withdraw the suit, whether can I get my court fee refunded or not?
Thanks and regards.

Y V Vishweshwar Rao (Expert) 13 December 2010
Settle the Terms with the other side party and request the Civil Court to refer the matter to legal services Authority for recording the compromise and to pass Award - then there will be an order by Legal Services Authority for refund of the Court fee paid on the Plaint .

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