Single judge order allowing refund of court fee for a regular second appeal following a settlement before the executing court and subsequently dismissing the appeal as withdrawn with disposition of pending applications.
Application for refund of court fee allowed and Regular Second Appeal dismissed as withdrawn.
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104
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.3309 of 2017 (O&M) DATE OF DECISION : 17.02.2023
Charanjit Kaur and Others …..Appellants
versus
Rakesh Kumar and Others .....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Divanshu Jain, Advocate for the appellants
Mr. Rajbir Singh, Advocate for the respondents ..
ALKA SARIN, J. (Oral):
CM-1018-C-2023
The present application has been filed for refund of the court fee paid at the time of filing the regular second appeal.
Learned counsel for the applicant/appellants states that the parties to the lis have since compromised the matter before the Executing Court and their statements to this effect were recorded before the Executing Court on 24.02.2022. It has also come in the order of the Executing Court that in view of the compromise the judgment-debtors would withdraw the regular second appeal pending before this Court.
Learned counsel appearing on behalf of the nonapplicant/respondents does not dispute the factum of the compromise having been arrived at between the parties.
PARKASH CHAND 2023.02.20 16:07 I attest to the accuracy and authenticity of this order/judgment.
RSA No.3309 of 2017 -2-
In view of the above, the court fee paid at the time of filing the regular second appeal is allowed to be refunded to the applicant/appellants. CM disposed off.
RSA No.3309 of 2017
Learned counsel for the appellants states that the parties to the lis have since compromised the matter. Hence, he seeks permission to withdraw the present appeal. Learned counsel appearing on behalf of the respondents has no objection to the prayer being granted.
Dismissed as withdrawn. Pending applications, if any, also stand disposed off.
17.02.2023 parkash
(ALKA SARIN) JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
PARKASH CHAND 2023.02.20 16:07 I attest to the accuracy and authenticity of this order/judgment.
2 issues framed by the court
Whether application for refund of court fee is maintainable upon compromise before executing court.
Whether permission to withdraw existing appeal and other pending applications is grantable in light of compromise.
Charanjit Kaur and Others
Rakesh Kumar and Others
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
