Rajendra Prasad Vs Smt Anita Devi & Ors. — Delhi HC (2025) — LawSathi Research

Rajendra Prasad Vs Smt Anita Devi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal RFA 375/2024 disposed of as withdrawn on the appellant's application under section 151 CPC, with the parties held bound to the terms of the settlement recorded before the Mediation Centre, Dwarka Courts on 07.03.2025; refund of half the court fee affixed to the appeal directed under section 16(A) of the Court Fees Act, 1970, with the Registry to draw the requisite certificate; exemption application CM APPL. 37675/2025 allowed subject to just exceptions; listing date of 27th August 2025 cancelled.

Issue for consideration

Whether the appeal RFA 375/2024 should be permitted to be withdrawn by the appellant on the ground that the matter stands amicably settled between the parties in terms of the agreement recorded on 07.03.2025 before the Mediation Centre, Dwarka Courts, New Delhi. +1 more

Court's answer

Notice on the withdrawal application was dispensed with, the application was allowed, and the appeal was disposed of as withdrawn, holding the parties bound to the terms of the settlement recorded before the Mediation Centre on 07.03.2025.

Ratio / Principle

In view of section 16(A) of the Court Fees Act, 1970 as applicable to Delhi, half the amount of the court fee affixed to the appeal is directed to be refunded to the appellant, and the Registry is directed to draw the requisite certificate for such refund.

Key takeaways

CM APPL. 37675/2025 (exemption) was allowed subject to just exceptions, with requisite compliances to be made within 01 week, and the application stands disposed of.ratio¶¶11

Detailed headnote1 paragraphs

Delhi High Court (Anup Jairam Bhambhani, J.), RFA 375/2024, order dated 02.07.2025 — On the appellant's application under section 151 of the Code of Civil Procedure 1908 (CM APPL. 37674/2025) stating that the matter stood amicably settled between the parties in terms of an agreement recorded on 07.03.2025 before the Mediation Centre, Dwarka Courts, New Delhi, the Court held notice unnecessary, allowed the application, and disposed of the appeal as withdrawn, holding the parties bound to the terms of the settlement. On the prayer for refund of court fee, invoking section 16(A) of the Court Fees Act, 1970 as applicable to Delhi, the Court directed refund of half the court fee affixed to the appeal and directed the Registry to draw the requisite certificate. CM APPL. 37675/2025 (exemption) was allowed subject to just exceptions with compliances within one week. The listing date of 27th August 2025 was cancelled.

$~22

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RFA 375/2024

RAJENDRA PRASAD .....Appellant

Through: Mr. Abhay Kumar & Mr. Vikas Panwar, Advocates.

versus

SMT ANITA DEVI & ORS. .....Respondents Through:

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R % 02.07.2025

CM APPL. 37675/2025 (exemption)

Exemption allowed, subject to just exceptions.

Let requisite compliances be made within 01 week.

The application stands disposed-of.

CM APPL. 37674/2025 (withdrawal of the captioned appeal)

By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellant seeks to withdraw the present appeal, stating that the matter stands amicably settled between the parties in terms of the agreement recorded on 07.03.2025 before the Mediation Centre, Dwarka Courts, New Delhi. 2. A copy of the mediation settlement dated 07.03.2025 has been appended to the application.

Learned counsel for the appellant also seeks refund of the court fee affixed on the memo of appeal.

RFA 375/2024

Page 1 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:11:38

In view of the prayer made, it is not considered necessary to issue notice on this application.

The application is allowed.

The appeal is disposed-of as withdrawn, holding the parties bound to the terms of the settlement as recorded before the Mediation Centre on 07.03.2025.

Insofar as the prayer for refund of court fee is concerned, in view of section 16(A) of the Court Fees Act, 1970 as applicable to Delhi, it is directed that half the amount of the court fee affixed to the appeal be refunded to the appellant.

The Registry is directed to draw the requisite certificate for refund of half the amount of court fee affixed.

The application stands disposed of in the above terms.

The date of 27^th August 2025 stands cancelled.

ANUP JAIRAM BHAMBHANI, J

JULY 2, 2025

ss

RFA 375/2024

Page 2 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:11:38