High Court allowed S.B. Misc. Application seeking return of original documents to appellants after underlying appeal disposed of via compromise, directing retention of zerox copy in file.
Original documents returned to appellants with zerox copy kept in court file.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Misc. Application No. 65/2018
Lrs Of Gajra
----Petitioner
Versus
Pushpa Gurjar
----Respondent
For Petitioner(s) : Mr. Narendra Thanvi For Respondent(s) : Mr. Rajendra Singh
HON'BLE MR. JUSTICE P.K. LOHRA
Order
03/12/2018
Matter comes up on an application under Order 13 Rule 9 read with Section 151 CPC for returning the original documents, which were placed on record by the appellants.
It is inter-alia averred in the application that appeal has already been disposed of vide order dated 30.08.2018 in terms of the compromise arrived at between rival parties. It is further averred that since dispute between rival parties has settled perpetually, keeping those original documents with the file would be of no use and, as such, those documents may be returned back to the appellants.
Learned counsel appearing for the respondent has not opposed the application.
[CMAP-65/2018]
(2 of 2)
Having regard to the facts and circumstances of the case, the application is allowed and office is directed to return the original documents to the appellants after keeping zerox copy of all the documents in the file.
(P.K. LOHRA),J
126-AnilKC/-
1 issue framed by the court
Whether original documents placed on record should be returned to appellants after appeal disposal by compromise.
2 provisions across 1 enactments
Lrs Of Gajra
Pushpa Gurjar
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
