Rajasthan High Court
Udai Lal S/O Shri Mangi Lal Meghwal vs Smt. Kanwari Ram Kanwari Bai Alias ... on 4 August, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 50/2020
1. Udai Lal S/o Shri Mangi Lal Meghwal, R/o Gram Samarba
Presently Residing At Opposite Rajatgarh Gate No. 06, Marwaro
Ka Mohalla, Indra Colony, Bundi Tehsil And District Bundi
(Rajasthan). Since deceased through LRs.
1/1. Rajesh Kumar Verma S/o Late Shri Udai Lal, aged about 32
years
1/2. Ganesh Lal Meghwal S/o Late Udai Lal aged about 29 years
1/3. Unkari Bai W/o Late Shri Udai Lal, aged about 57 years
All residents of Opposite Rajatagarh Gate No.06, Marwaro
Ka Mohalla, Indra Colony, bundi Teshil and District Bundi (Raj.)
1/4. Sugna Bai D/o Late Shri Udai Lal, W/o Shri Babu Lal, aged
about 39 years R/o 48, Dagilwada Bazar, Bundi, Rajasthan
1/5. Geeta Devi Verma D/o Late Shri Udai Lal, W/o Shri Rakesh
Verma, aged about 36 years, R/o 258, Kunchalwada Road,
Hanumannagar Uncha, Jahazpur, District Bhilwara, Rajasthan
----Appellants
Versus
1. Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/o Shri
Mangilal W/o Shri Ramdev, Aged About 65 Years, B/c
Meghwal, R/o Gram Samarba, Presently Residing At Gram
Aukarpura, Tehsil And District Bundi (Rajasthan).
2. Deputy Registrar, Bundi (Rajasthan)
3. The State Of Rajasthan, Through Tehsildaar, Bundi
(Rajasthan)
----Respondents
Connected With
S.B. Civil First Appeal No. 57/2020
Udai Lal S/o Shri Mangi Lal Meghwal, R/o Gram Samarba
Presently Residing At Opposite Rajatgarh Gate No. 06, Marwaro
Ka Mohalla, Indra Colony, Bundi Tehsil And District Bundi
(Rajasthan)
----Appellant
Versus
1. Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/o
Shri Mangilal W/o Shri Ramdev, Aged About 65 Years,
B/c Meghwal, R/o Gram Samarba, Presently Residing At
Gram Aunkarpura, Tehsil And District Bundi (Rajasthan)
(2 of 4) [CFA-50/2020]
2. Deputy Registrar, Bundi (Rajasthan)
3. The State Of Rajasthan, Through Tehsildar, Bundi
(Rajasthan)
----Respondents
For Appellant(s) : Mr. Sudhir Kumar Tiwari
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
04/08/2022
In S.B. Civil First Appeal No. 50/2020 :-
The present first appeal arises in relation to the dispute
between sister and brother regarding cancellation of release deed.
Appellants have moved an application (I.A.No.01/2022)
under Order 23 Rule 1(1) CPC stating that during course of first
appeal, both parties have entered into a compromise and there is
no requirement to pursue the first appeal, hence a prayer has
been made to withdraw this first appeal.
For reasons mentioned in the application, the permission to
withdraw the first appeal, is granted.
Accordingly, this S.B. Civil First Appeal No. 50/2020 is
dismissed as withdrawn.
All other pending application(s), if any, also stand(s)
disposed of.
In S.B. Civil First Appeal No. 57/2020:-
The present first appeal arises in relation to the dispute
between sister and brother regarding cancellation of release deed.
Learned counsel for appellant submits that during course of
the first appeal, the sole appellant namely, Sh. Udai Lal has
(3 of 4) [CFA-50/2020]
passed away on 24.09.2021, hence an application
(I.A.No.01/2021) under Order 22 Rule 3 CPC has been filed by his
natural heirs. The similar nature of application has already been
allowed in the connected S.B. Civil First Appeal No. 50/2020. The
application is within time, hence the same is allowed.
Applicants being legal representatives of deceased appellant,
are allowed to be substituted in place of deceased appellant and
amended cause title enclosed with the application is taken on
record.
Appellants have moved an another application
(I.A.No.01/2022) under Order 23 Rule 1(1) CPC stating that
during course of first appeal, parties have entered into a
compromise and there is no requirement to pursue the first
appeal, hence prayer has been made to withdraw this first appeal.
For reasons mentioned in the application, the permission to
withdraw the first appeal, is granted.
Accordingly, this S.B. Civil First Appeal No. 57/2020 is
dismissed as withdrawn.
All other pending application(s), if any, also stand(s)
disposed of.
Learned counsel for appellants prayed that since both first
appeals have been withdrawn, in view of compromise between
parties out of the Court and compromise was entered between
both parties, having the spirit of National Lok Adalat, hence the
court fees paid by appellants in both first appeals be refunded.
This Court is of opinion that when both parties have amicably
settled their dispute out of Court having the spirit of National Lok
Adalat, the provisions of Section 65(B) of the Rajasthan Court
Fees and Suit Valuation Act, 1961, be applied in such situation and
(4 of 4) [CFA-50/2020]
the court fees paid by appellants may be ordered to be refunded
as an incentive.
Following the ratio of judgments in cases of High Court of
Judicature at Madras Vs. M.c. Subramaniam [(2021) 3 SCC
560], 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., this Court is of opinion to grant
the prayer of appellants. Hence, the Court fees paid by appellants
in both first appeals is allowed to be refunded.
Accordingly, Registrar (Judicial) is directed to do the needful
to refund the Court fees paid by appellants in both S.B. Civil First
Appeal No.50/2020 & S.B. Civil First Appeal No.57/2020.
(SUDESH BANSAL),J
SACHIN /114 & 80
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