On an application under OMP No. 620 of 2021 in Civil Suit No. 43 of 2021, the High Court allowed the applicant to withdraw the suit upon settlement and directed refund of court fees.
The application to withdraw the suit with refund of court fee was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 2nd DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL,JUDGE
CIVIL SUIT NO. 43 OF 2021. Between:
KUSUMA DEVI, W/O SH. BHARTENDU KAUSHAL, R/O VILLAGE CHURAG, TEHSIL KARSOG, DISTRICT MANDI,HP.
PLAINTIFF/APPLICANT
(BY MR. SANJEEV KUTHILA, SENIOR ADVOCATE WITH MS. RACHANA KUTHIALA & MS. ANAIDA KUTHIALA, ADVOCATES)
AND
DAMI DEVI ALIAS UMA BALI,D/O MANI, S/O BISHAN, W/O SH. ASHOK BALI, R/O MUHAL BHARARI, TEHSIL SUNDERNAGAR, DISTRICT MANDI,HP
DEFENDANT/NONAPPLICANT
( BY MR. ROHIT CHAUHAN & SUNEET VERMA, ADVOCATES)
Whether approved for reporting? No.
This petition coming on for orders this day, the Court passed the following:
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ORDER
OMP No. 620 of 2021 & CS No.43 of 2021
By way of this application, a prayer has been made by the
applicant-plaintiff that as the issue, subject matter of this Civil Suit, has been amicably settled between the parties, therefore, the applicant-plaintiff may be permitted to withdraw the suit and the Court fee which has been affixed by the applicant-plaintiff be ordered to be refunded.
applicant/plaintiff, this application is allowed, as prayed for and Civil Suit is permitted to be withdrawn with direction to the Registry to refund the Court fee affixed by the plaintiff in accordance with relevant Rules. Pending miscellaneous application (s), if any, also stand disposed of.
(Ajay Mohan Goel)
Judge.
2nd December, 2021
(veena)
1 issue framed by the court
Whether the applicant was permitted to withdraw the civil suit upon settlement of the subject matter.
KUSUMA DEVI
AJAY MOHAN GOEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
