Shankar Lal Sharma vs Hanuman Sahay Sharma
2022 Latest Caselaw 5438 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil First Appeal No. 285/2017

Shankar Lal Sharma S/o Bhagwan Sahay Sharma, Aged 30
years, R/o Kishanpura, Bassi Tehsil, District Jaipur
                                                                     ----Appellant
                                   Versus
Hanuman Sahay Sharma S/o Gopal Sharma, Aged 30 years, R/o
Narayan Vihar, Village Asarpura, Tehsil Sanganer, District Jaipur
                                                                 ----Respondent

For Appellant(s) : Mr. Ram Chandra Sharma For Respondent(s) : Mr. Sunil Kumar Saini

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/08/2022

1. Appellant-defendant has moved an application

(I.A.No.01/2022) under Order 23 Rule 3 CPC stating that both

parties have settled their dispute out of the Court and in view of

the settlement, appellant may be permitted to withdraw the first

appeal. Learned counsel for respondent has no objection.

2. For the reasons mentioned in the application, the first appeal

is dismissed as withdrawn.

3. Accordingly, application (I.A.No.01/2022) stands disposed of.

4. An another application (I.A.No.02/2022) has been filed by

appellant, seeking refund of the court fees.

5. As per the judgment in case of Mool Singh Vs. Abdul

Jabbar [(2012) 1 DNJ Raj. 31], Mangi Lal Vs. State of Raj.

[(2018) 3 RLW 2129 Raj.] and in S.B. Civil First Appeal

No.576/2015; Avdesh Kumar Gupta vs. Ramavatar Gupta

And Anr., since both parties have entered into compromise with

(2 of 2) [CFA-285/2017]

the spirit of National Lok Adalat, the court fees paid by the

appellant in S.B Civil First Appeal No. 285/2017 may be refunded.

6. Accordingly, Deputy Registrar (Judicial) is directed to do the

needful to refund the Court fees paid by appellant.

7. In view of above, application (I.A.No.02/2022) stands

disposed of.

8. All other pending application(s), if any, also stand(s)

disposed of.

(SUDESH BANSAL),J

SACHIN /69

Powered by TCPDF (www.tcpdf.org)