1 2026:CGHC:13100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 270 of 2026 Shital Ram S/o. Ram Bharosa Sahu Aged About 44 Years R/o. Village - Rawa, Tahsil And District - Dhamtari (C.G.) ... Applicant versus 1 - Raj Kumar Prajapati S/o Banwari Lal Prajapati Aged About 45 Years R/o. Amapara Ward, Dhamtari, Tahsil And District - Dhamtari (C.G.) 2 - Smt. Rukhmani Bai Sahu (Deleted) As Per Hon'ble Court Order Dated 23-06-2025 3 - Smt. Munga Bai W/o Late Son Sai Sahu Aged About 45 Years R/o. Village - Rawa, Tahsil And District - Dhamtari (C.G.) 4 - Ku. Devita D/o Late Son Sai Sahu Aged About 18 Years R/o. Village - Rawa, Tahsil And District - Dhamtari (C.G.) 5 - State of Chhattisgarh, Through The Collector, Dhamtari, District- Dhamtari (C.G.) (wrongly typed out of Raj Kumar Prajapati, through the Collector) ... Respondents SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.03.19 17:36:45 +0530 2 For Applicant : Mr. Hemant Kumar Sahu, Advocate For Respondent/ State : Mr. Anand Gupta, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 19/03/2026 1. This MCC has been filed under Section 151 & 89 of CPC r/w Section 16 of Court Fee Act for refund/ return of court fee paid in the First Appeal. 2. Learned counsel for the applicant submits that the applicant had preferred First Appeal bearing FA No. 172 of 2024 (Shital Ram vs. Raj Kumar Prajapati and others) against the judgment and decree dated 16.08.2024 passed by the learned District Judge, Dhamtari, by affixing court fee of Rs.80,500/-. During the pendency of the appeal, the matter was referred to the Mediation Centre, where the dispute was amicably settled between the parties and a settlement agreement was executed. In terms thereof, the appeal was disposed of by this Court vide order dated 20.01.2026 on the basis of the mediation report dated 06.01.2026. He further submits that in view of such settlement, the court fee paid by the applicant has become refundable/returnable as per law, and this Court is empowered under Section 16 of the Court Fees Act, 1870 to grant the said relief. 3. On perusal of the record and the mediation report, it is evident that the appeal was amicably settled between the parties through the Mediation Centre, and the matter has been disposed of on the 3 basis of such settlement. In such circumstances, the law recognizes that where a matter is referred to a mode of settlement under Section 89 of the CPC, and is subsequently settled, the court fee paid by the party becomes refundable. The Court is thus, empowered to direct the return of the court fee to the applicant. 4. In view of the above, the instant MCC is allowed. The applicant is entitled to refund of the Court fee. Registry is directed take appropriate steps in this regard. 5. Before listing the matter, the office has not properly verified the details of cause title and the same is not in accordance with the cause title of FA No.172 of 2024. Earlier also this Court pointed out such type of defects. Registrar (Judl.) is requested to instruct the concerned personnel to be careful in future. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar