Rajasthan High Court - Jaipur
Avdesh Kumar Gupta vs Ramavatar Gupta And Another on 20 April, 2022
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 576/2015
Avdesh Kumar Gupta S/o Late Shri Surajmal Gupta, resident of
2-B-8. Talwandi, Kota (Rajathan)
----Plaintiff-Appellant
Versus
1. Ramavatar Gupta S/o Late Shri Mohanlal Ji Gupta, resident of
Satish Pan Wale ki Gali, Jamal Road, Kotdi, Kota (Rajasthan)
2. Rajasthan Housing Board, CAD Circle, Near Durga Basti, Kota
through Housing Commissioner, Kota Circle, Rajasthan Housing
Board, Kota (Raj.).
----Defendants-Respondents
For Appellant(s) : Mr. Sandeep Pathak
For Respondent(s) : Mr. Parag Rastogi
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
20/04/2022
1. This appeal arises against the judgment and decree dated 6.11.2015 passed by Additional District Judge No.2, Kota in Civil Suit No.28/2014 whereby the suit for specific performance filed by appellant-plaintiff has been dismissed.
2. During course of appeal, learned counsel for appellant submits that with spirit of National Lok Adalat, parties have settled their dispute out of Court and accordingly the appellant-plaintiff wants to withdraw this first appeal. Written application No.1/2022 under Order 23 Rule 1 seeking withdrawal of first appeal supported with affidavit has been filed to this effect.
3. It has also been prayed that since parties settled their dispute out of Court with the spirit of National Lok Adalat and (Downloaded on 25/04/2022 at 09:42:57 PM) (2 of 2) [CFA-576/2015] appellant is withdrawing his first appeal, the court fee paid by appellant of Rs.1,33,650/- be allowed to refund.
4. Learned counsel for respondent has no objection in allowing the application for withdrawal of the first appeal and refund of court fee.
5. Having heard counsel for both parties and considering facts mentioned hereinabove, the first appeal is allowed to be withdrawn and the same is dismissed as withdrawn.
6. As far as, refund of court fee of Rs.1,33,650/- is concerned, since parties have entered into compromise with the spirit of National Lok Adalat and appellant is withdrawing the first appeal in that view, 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 and at least, as an incentive to appellant for withdrawal of appeal, the court fee paid by him is liable to be refunded. Reference of judgments in case 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 that context.
7. In view of above, the Registrar (Judicial) is directed to issue required certificate and do the needful to refund the court fee deposited by appellant.
8. Stay application and any other application(s), if any, also stand disposed of.
(SUDESH BANSAL),J SACHIN/131 (Downloaded on 25/04/2022 at 09:42:57 PM) Powered by TCPDF (www.tcpdf.org)