Citation : 2026 Latest Caselaw 7103 Raj
Judgement Date : 30 April, 2026
[2026:RJ-JD:20537]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 468/2025
Purshotam S/o Lt. Mohandas Ji, Aged About 70 Years, Resident
Of Plot No. 172 173, Gali No. 4 Shyamnagar, Pallink Road,
Dist.jodhpur.
----Appellant
Versus
Viyaj Kumar S/o Lt. Mohandas Ji, Resident Of Plot No. 600 B,
Sardarpura, 10th B Road, Jodhpur. Present Address Plot No. 177,
Shyam Nagar Gali No. 4, Pallink Road, Dist. Jodhpur.
----Respondent
For Appellant(s) : Mr. Purshotam, appellant present in
person
For Respondent(s) : Mr. Danish Sherani, through V.C. on
behalf of Mr. Haider Agha (for
Respondent Vijay Kumar)
HON'BLE MS. JUSTICE REKHA BORANA
Order
30/04/2026
1. The present Regular First Appeal has been filed against
judgment & decree dated 09.01.2025 passed by Additional District
Judge No.4, Jodhpur Metropolitan in Civil Suit No. 77/2016
whereby the suit for possession, cancellation of gift deed and
mesne profit as filed on behalf of the plaintiff respondent stood
decreed for possession and mesne profit.
2. An application on behalf of the respondent has been filed
with an averment that the parties have entered into a compromise
and hence, the present appeal be disposed of in terms of the said
compromise. Compromise deed dated 20.03.2026 has been
annexed alongwith the application.
(Uploaded on 02/05/2026 at 11:15:55 AM)
[2026:RJ-JD:20537] (2 of 2) [CFA-468/2025]
3. Vide order dated 29.04.2026, Registrar (Judicial) of this
Court was directed to conduct a verification of the parties to the
compromise as well as contents of the said compromise. In
pursuance to the same, verification report dated 29.04.2026 has
been submitted.
4. In view of the submissions made, the present Regular First
Appeal is disposed of in terms of the compromise/settlement as
entered into between the parties vide compromise deed dated
20.03.2026. Compromise dated 20.03.2026 shall form a part of
the decree.
5. Let the decree be drawn accordingly.
6. At this stage, the appellant made a request for refund of the
court fee as the appeal has been disposed of vide a compromise.
The request seems to be genuine.
7. The Court therefore, deems it proper to direct for refund of
50% of the court fee, as paid by the appellant on the present
appeal. The certificate in this regard be issued by the Registry to
the appellant.
8. Stay application and all pending applications stand disposed
of.
(REKHA BORANA),J 3-Mak/-
(Uploaded on 02/05/2026 at 11:15:55 AM)
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