Rajasthan High Court
Bheru Thr Lrs And Anr vs Mukesh Kumar And Ors on 12 July, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 597/2018
1. Bheru S/o Ladhiya, aged 70 years, R/o Jaisingh Nagar,
Patwar Halka Kshetra And Police Thana Chandwaji, Tehsil
Amer, District Jaipur Rajasthan (Since Deceased During
Suit)
1/1. Bhanwar Lal S/o Shri Bheru, R/o Jaisingh Nagar, Patwar
Halka Kshetra And Police Thana Chandwaji, Tehsil Amer,
District Jaipur Rajasthan
1/2. Hanuman Sahay S/o Shri Bheru, R/o Jaisingh Nagar,
Patwar Halka Kshetra And Police Thana Chandwaji, Tehsil
Amer, District Jaipur Rajasthan
1/3. Rambaksh S/o Shri Bheru, R/o Jaisingh Nagar, Patwar
Halka Kshetra And Police Thana Chandwaji, Tehsil Amer,
District Jaipur Rajasthan
2. Kalyan S/o Shri Ladhiya, R/o Jaisingh Nagar, Patwar Halka
Kshetra And Police Thana Chandwaji, Tehsil Amer, District
Jaipur
2/1. Smt. Dhap Devi W/o Late Shri Kalyan, R/o Jaisingh Nagar,
Patwar Halka Kshetra And Police Thana Chandwaji, Tehsil
Amer, District Jaipur Rajasthan
2/1/1. Ramchandra Meena son of Late Sh. Kalyan Sahai,
Resident of R/o Jaisingh Nagar, Patwar Halka Kshetra And
Police Thana Chandvaji, Tehsil Amer, District Jaipur
----Appellants-Plaintiffs
Versus
1. Mukesh Kumar S/o Shri Murari Lal Meena, aged 23 years,
R/o Flat No.201 Jagmohan Golden Fortune Apartment,
Bapu Nagar, Jaipur Presently Residing At C/o Balaji Unit
Builders Pvt. Ltd., Registered Office A-2/32-33, First Floor,
Sector 8, Rohini Delhi.
2. Deepak Goyal Through Power Of Attorney Mukesh Kumar
Meena, R/o Flat No.201 Jagmohan Golden Fortune
Apartment, Bapu Nagar, Jaipur Presently Residing At C/o
Balaji Unit Builders Pvt. Ltd., Registered Office A-2/32-33,
First Floor, Sector 8, Rohini Delhi.
3. State Of Rajasthan Through Tehsildar, Tehsil Amer, District
Jaipur Rajasthan Tehsildar, Tehsil Amer, District Jaipur,
(Downloaded on 19/07/2022 at 09:13:11 PM)
(2 of 3) [CFA-597/2018]
Rajasthan
4. State Of Rajasthan Through Sub Registrar Amer, Tehsil
Amer, District Jaipur Rajasthan.
----Respondents-Defendants
For Appellant(s) : Mr. Manoj Kumar Bhardwaj
Mr. Suresh Gurjar
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
12/07/2022
1. Appellants-plaintiffs have moved an application under Order
23 Rule 1 CPC stating therein that entire amount of sale
consideration has been paid to appellants and appellants do not
want to pursue the first appeal on merits.
2. For reasons mentioned in the application, the same is
allowed. The first appeal is dismissed as not press.
3. Learned counsel for appellants pray for refund of Court fee
and submits that having the spirit of Lok Adalat both parties have
amicably settled the dispute out of Court and appellants have
withdrawn the first appeal.
4. In view of above, 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 in present case and at least, an
incentive to appellants for withdrawal of appeal, the court fee of
Rs.2,25,460/- paid, is liable to be refunded.
5. This Court following the judgment passed 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.
(3 of 3) [CFA-597/2018]
Ramavatar Gupta And Anr. vide order dated 20.04.2022
allowed the refund of Court fee to appellants on withdrawal of
appeal.
5. Accordingly, Registry is directed to do the needful to refund
the Court fees paid by appellants.
6. Stay application and any other pending application, if any,
stand disposed of.
(SUDESH BANSAL),J
NITIN /108
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