Gurubakshrai vs Ramesh Kumar
2022 Latest Caselaw 4744 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 140/2019

Gurubakshrai S/o Takan Das, Aged About 65 Years, B/c Arora, R/o Ward No. 3, Amar Colony, Near Shop of Vinod, New Mandi Gharsana, Tehsil Gharsana, District Sri Ganganagar (Raj.)

----Appellant Versus Ramesh Kumar S/o Munshi Ram, Aged About 48 Years, B/c Arora, R/o New Mandi Gharsana, Tehsil Gharsana, District Sri Ganganagar (Raj.)

----Respondent

For Appellant(s) : Mr. Hans Raj For Respondent(s) : Mr. Hemant Kumar Jain

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

29/03/2022

This matter comes upon an application (Inward No.01/22)

dated 14.03.2022 filed by respondent for allowing the appeal on

the basis of compromise dated 28.02.2022. A Copy of compromise

has been filed with the application.

Learned counsel for the appellant submits that compromise

has been arrived at between the parties, therefore he prays that

appeal may be allowed in light of compromise arrived at between

the parties.

Learned counsel for the respondent has no objection, if the

appeal is allowed in terms of the compromise.

For the reasons mentioned in the application, the same is

allowed. Consequently, the civil first appeal is disposed of in terms

of compromise dated 28.02.2022. The impugned Judgment and

(2 of 2) [CFA-140/2019]

decree passed by Additional District Judge, Raisinghnagar in Civil

Suit No. 34/2011 (CIS No.230/2014) on 05.02.2019 is set aside.

At this stage, learned counsel for the appellant further

submits that since this matter has been compromised in the spirit

of Lok Adalat, hence, court fees paid by him may be refunded to

him under the provisions of Section 65(3) of The Rajasthan Court

Fees and Suits Valuation Act, 1961 read with Section 89 of Code of

Civil Procedure, 1908.

In the peculiar facts and circumstances of the case, the

prayer of the appellant is allowed.

Court fees paid by the appellant on this appeal shall be

refunded back to the appellant as per law.

(RAMESHWAR VYAS),J 39-rahul arya/-

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