Avdesh Kumar Gupta vs Ramavatar Gupta And Another
2022 Latest Caselaw 3188 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 576/2015

Avdesh Kumar Gupta S/o Late Shri Surajmal Gupta, resident of
2-B-8. Talwandi, Kota (Rajathan)
                                                          ----Plaintiff-Appellant
                                   Versus
1. Ramavatar Gupta S/o Late Shri Mohanlal Ji Gupta, resident of
Satish Pan Wale ki Gali, Jamal Road, Kotdi, Kota (Rajasthan)
2. Rajasthan Housing Board, CAD Circle, Near Durga Basti, Kota
through Housing Commissioner, Kota Circle, Rajasthan Housing
Board, Kota (Raj.).
                                               ----Defendants-Respondents

For Appellant(s)         :     Mr. Sandeep Pathak
For Respondent(s)        :     Mr. Parag Rastogi



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

20/04/2022

1. This appeal arises against the judgment and decree dated

6.11.2015 passed by Additional District Judge No.2, Kota in Civil

Suit No.28/2014 whereby the suit for specific performance filed by

appellant-plaintiff has been dismissed.

2. During course of appeal, learned counsel for appellant

submits that with spirit of National Lok Adalat, parties have settled

their dispute out of Court and accordingly the appellant-plaintiff

wants to withdraw this first appeal. Written application No.1/2022

under Order 23 Rule 1 seeking withdrawal of first appeal

supported with affidavit has been filed to this effect.

3. It has also been prayed that since parties settled their

dispute out of Court with the spirit of National Lok Adalat and

(2 of 2) [CFA-576/2015]

appellant is withdrawing his first appeal, the court fee paid by

appellant of Rs.1,33,650/- be allowed to refund.

4. Learned counsel for respondent has no objection in allowing

the application for withdrawal of the first appeal and refund of

court fee.

5. Having heard counsel for both parties and considering facts

mentioned hereinabove, the first appeal is allowed to be

withdrawn and the same is dismissed as withdrawn.

6. As far as, refund of court fee of Rs.1,33,650/- is concerned,

since parties have entered into compromise with the spirit of

National Lok Adalat and appellant is withdrawing the first appeal in

that view, this Court deems it just and proper that the analogy of

Section 65(B) of the Rajasthan Court Fees And Suit Valuation Act,

1961 is applicable and at least, as an incentive to appellant for

withdrawal of appeal, the court fee paid by him is liable to be

refunded. Reference of judgments in case of Mool singh Vs.

Abdul Jabbar [(2012) 1 DNJ Raj. 31] and Mangi Lal Vs.

State of Raj. [(2018) 3 RLW 2129 Raj.] may be given in that

context.

7. In view of above, the Registrar (Judicial) is directed to issue

required certificate and do the needful to refund the court fee

deposited by appellant.

8. Stay application and any other application(s), if any, also

stand disposed of.

(SUDESH BANSAL),J

SACHIN/131

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