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Punjab-Haryana High Court

Leela Ram vs Daya Kishan And Another on 22 September, 2023

Author: Karamjit Singh

Bench: Karamjit Singh

                                                              Neutral Citation No:=2023:PHHC:125248




Neutral Citation Number                                     2023:PHHC:125248
Page No.                                      -:1:-
Case Number                                                RSA-3357-2019 (O&M)



            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                      RSA-3357-2019 (O&M)
                                                      Date of Decision:-22.09.2023

LEELA RAM
                                                                               ... Appellant
                                      Versus
DAYA KISHAN AND ANOTHER
                                                                       ... Respondent(s)
                -.-


CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

                -.-

Present:-       Mr. Sanchit Punia, Advocate
                for the appellant.

                Ms. Garima Modi, Advocate for
                Mr. Rose Gupta, Advocate
                for the respondent.
                -.-

KARAMJIT SINGH, J. (Oral)

1. The counsel for the appellant made statement that he be permitted to withdraw the present appeal as the matter stands amicably settled between the parties. There is further prayer on behalf of the appellant that as the dispute has been settled amicably, the appellant is entitled to refund of the Court fees as per the Provisions of Section 89 C.P.C.. In support of his contention, the counsel for the appellant has referred to order dated 8.4.2022 passed by the Co-ordinate Bench of this Court in CR-1321-2022 titled as Banwari Lal vs. Mool Chand and Others.

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2. The counsel appearing on behalf of the respondent has also admitted the factum of compromise and has no objection if the appellant is allowed to withdraw the instant appeal and further made prayer that order regarding refund by the Court fee furnished by the respondent/plaintiff before the trial Court be also passed.

3. In the light of the above, present appeal stands dismissed as withdrawn.

4. The Registry of this Court is directed to refund the Court fees attached with the present appeal within next 30 days to the appellant. Likewise the learned trial Court is also directed to refund the Court fees furnished by the respondent/plaintiff in the civil suit titled as Daya Krishan and Another vs. Leela Ram having CIS/1145 of 2016 decided on 22.11.2017 by the Court of Additional Civil Judge (Senior Division), Hisar, within next 2 months of the receipt of certified copy of this Order.





                                                         ( KARAMJIT SINGH)
22.09.2023                                                   JUDGE
Gaurav Sorot


                          Whether reasoned / speaking?      Yes / No

                          Whether reportable?               Yes / No




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