Punjab-Haryana High Court
Birmati Devi And Ors vs Sneh Lata And Anr on 15 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(102+247)
RSA-361-2020 (O&M)
Date of Decision:-15.12.2022.
Birmati Devi and others
......Appellants
Versus
Smt. Sneh Lata and another
......Respondents
RSA-362-2020 (O&M)
Birmati Devi and others
......Appellants
Versus
Smt. Sneh Lata and another
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Mr. Keshav Pratap Singh, Advocate and
Mr. Kapil Kumar, Advocate for the appellants.
Mr. Jagtar Singh, Advocate for
Mr. Shailendra Jain, Advocate for the respondents.
****
ALOK JAIN, J. (Oral)
CM-412-C-2022 in RSA-361-2020
Prayer in this application is for preponing the date of hearing
from 27.07.2022 to some early actual date.
The present application has become infructuous and is
disposed of accordingly.
CM-414-C-2022 in RSA-362-2020
Prayer in this application is for preponing the date of hearing
from 27.07.2022 to some early actual date.
1 of 4
RSA-361-2020 (O&M) and
RSA-362-2020 (O&M)
The present application has become infructuous and is
disposed of accordingly.
CM-415-C-2022 in RSA-361-2020
The present application has been filed to place on record the
copy of compromise deed dated 13.09.2021 effected between the parties as
Annexure A/3.
For the reasons recorded in the application, which is supported
by an affidavit, the same is allowed subject to just exceptions. Annexure
A/3 is taken on record.
CM-8043-C-2022 in RSA-361-2020
The present application has been filed to place on record the
compromise dated 29.09.2022 as Annexure A-4, arrived at between the
parties.
Learned counsel for the applicant-appellants submits that the
said compromise has been effected and the copy of the sale deed is also
annexed along with the compromise.
For the reasons recorded in the application, which is supported
by an affidavit, the same is allowed subject to just exceptions. Annexure
A-4 is taken on record.
Main cases (O&M)
Learned counsel for the parties are ad idem that the present set
of appeals can be disposed of in terms of the compromise dated 29.09.2022
(Annexure A-4). Accordingly, compromise (Annexure A-4) be made a part
of the decree and both the parties are bound by the averments made therein
and shall not go beyond the same. By virtue of the said compromise,
2 of 4
RSA-361-2020 (O&M) and
RSA-362-2020 (O&M)
execution filed by Sneh Lata is dismissed as withdrawn, being fully
satisfied on the basis of the compromise and the sale deed of the portion of
the land valued equivalent to the extent of earnest money paid already
stands executed on 16.09.2021.
It has been prayed by the learned counsel for the appellant that
the Court fees be refunded and he seeks support from the judgment passed
by the Hon'ble Supreme Court in 2021(2) RCR (Civil) 228, which has been
followed by a Co-ordinate Bench of this Court in 2021(2) RCR (Civil) 851.
Learned counsel for the appellant contends that since the
dispute between the parties has been settled therefore, the provisions of
Section 16 of Court Fees Act, read with Section 90 CPC be invoked and the
parties be held entitled for the refund of Court fees paid by them in the
Courts below as well in this Court.
A perusal of the judgments (supra) makes it clear that the
Court fees can be refunded to the parties, therefore, in view of the settled
proposition of law, both the parties are allowed to seek refund of their
respective Court fees affixed before the trial Court, lower Appellate Court
and this Court, as the case may be and in the present Regular Second
Appeals.
Accordingly, the appeals stand disposed of and compromise
dated 29.09.2022 (Annexure A-4) be made part of judgment and decree.
Pending miscellaneous applications in both the appeals shall
also stand disposed of.
(ALOK JAIN)
JUDGE
December 15, 2022.
Sandeep
3 of 4
RSA-361-2020 (O&M) and
RSA-362-2020 (O&M)
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
4 of 4
