Laxman vs Smt. Jaiprabha
2021 Latest Caselaw 19304 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 126/2018

Laxman S/o Nanji Meena now deceased through its Lrs.

----Appellants Versus Smt. Jaiprabha W/o Gajendra Bhatt

----Respondent

For Appellant(s) : Mr. J.V.S. Deora and Mr. Paramveer Singh Champawat For Respondent(s) : Mr. Narendra Thanvi

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

17/12/2021

This first appeal is preferred challenging the judgment and

decree dated 06.12.2017, whereby, the suit for possession and

permanent injunction in relation to the suit property was decreed

against the appellant.

During the course of first appeal, appellants moved one

application (No.1/21) dated 15.09.2021, whereby the appellants

wanted to withdraw the appeal but the factum of compromise was

disputed by the respondent decree holder, therefore, the

appellants do not press this application.

Accordingly, the application (No.1/21) dated 15.09.2021 is

dismissed as withdrawn.

The appellant have filed another application (No.3/21) dated

24.11.2021 for seeking simplicitor withdrawal of their appeal.

The appellants are present in person and their presence is

verified by the counsel appearing for the appellants.

(2 of 2) [CFA-126/2018]

The respondent does not have any objection if appellants are

allowed to withdraw the first appeal simplicitor.

In view of above, the application for withdrawal of appeal

(No.3/21) dated 24.11.2021 is allowed.

The present first appeal is dismissed as withdrawn.

All other pending applications, if any, are also disposed of.

The counsel for appellants has also made a prayer in the

application itself for refund of the court fees of Rs.34,585/- paid in

the present first appeal.

An e-court Fee Certificate of Rs.34,585/- is attached with the

appeal.

Since appellants has withdrawn the appeal in the spirit of Lok

Adalat. The provisions of Section 65-B of Rajasthan Court-Fees

and Suit Valuation Act, 1961 deserves to be interpreted liberally

and at least refund of the court fees may be allowed to the

appellants as an incentive, if the appellant is withdrawing his

appeal in the spirit of Lok Adalat, therefore, the court fees paid by

the appellant to the tune of Rs.34,585/- is allowed to be refunded.

The Registry is directed to prepare the certificate of refund of

court fees to the appellant.

(SUDESH BANSAL),J

155-AnilKC/-

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