Mool Chand Meena vs Jagdish And Others
2022 Latest Caselaw 2771 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                      S.B. Civil First Appeal No. 74/2012

Mool Chand Meena S/o Shri Ramchandra Meena, R/o Village
Nangal Susavatan, Dhani Lakdiyahali, Tehsil Amer, District Jaipur.
                                                               ----Appellant/Plaintiff
                                        Versus
1. Jagdish S/o Shri Ladu, R/o Nangal Susavatan, Tehsil Amer,
District Jaipur
2. Hanuman Sahai S/o Shri Chouthmal Meena, R/o Lalwas,
Ramgarh Road, Kasba Amer, District Jaipur
3. State of Rajasthan through Collector, Collectorate, Banipark,
Jaipur
4. Tehsildar, Tehsil Amer, District Jaipur.
                                                     ----Respondent/Defendants

For Appellant(s) : Mr. R.K. Daga, Mr. Prashant Daga For Respondent(s) : Mr. Akshay Sharma G.C. Mr. Anubhav Agarwal for Mr. Laxmikant

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

24/03/2022

The appellant-plaintiff (herein plaintiff) filed a civil suit

challenging the sale deed of respondent-defendant No.2 Hanuman

Sahai (defendant) dated 10/10/2006. The civil suit was dismissed

by Additional District & Session Judge (Fast Track) No.2, Jaipur in

Civil Suit No. 141/2007 (27/2007) vide judgment dated

24/12/2011 against which this first appeal has been filed.

During course of pendency of this first appeal, the appellant

has moved an application No. 2/21 under Order 23 Rule 3 CPC

seeking permission to withdraw the present first appeal on the

ground that the appellant has entered into compromise with the

defendant.

                                                                (2 of 2)                                        [CFA-74/2012]



                                         Without     expressing      any      opinion       on       merits,    since    the

appellant does not want to pursue his first appeal on merits and

seeks permission to withdraw the same on the basis of

compromise, to which respondent does not have any objection,

hence, the permission for withdrawal of first appeal is granted.

The appeal is dismissed as withdrawn.

The Stay application, any other pending application(s), if

any, stand disposed of.

Appellant has also filed another application for refund of the

court fee under Section 65-B of the Rajasthan Court-Fees and

Suits Valuation Act, 1961. As the first appeal has not been decided

on merits but has been withdrawn on the basis of compromise

between the parties. Therefore, applying analogy of Section 65-B

of the Act of 1961 court fees can be allowed refunded to be at

least as an incentive to appellant for withdrawal of his appeal.

Reference 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 view of above, the Deputy Registrar (Judicial) is directed

to issue required certificate for refund of court fee deposited by

plaintiff.

(SUDESH BANSAL),J

ANIL SHARMA /46

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