Dismissed

Dinesh Dubey and Anr. v. Rajnesh Kishore Dubey Alias Rajnish

Rajasthan HC2 Jun 2020CFA/225/2017

Case brief

AI extract

What is this about?

The High Court allowed the withdrawal of a civil first appeal on a compromise between the parties, dismissing the appeal accordingly. The court noted the compromise was not attested by one set of legal representatives.

What did the court decide?

The civil first appeal was allowed to be withdrawn and dismissed. The deposited amount and court fees were directed to be refunded to the appellants.

Dinesh Dubey and Anr. Vs Rajnesh Kishore… — Civil Procedure and Limitation | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil First Appeal No.225/2017

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Dinesh Dubey, S/o Late Shri Roop Kishore, R/o G-109, Major Shaitan Singh Colony, Shastri Nagar, Jaipur Rajasthan

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Smt Sunita Dubey, W/o Shri Dinesh Dubey, R/o G-109, Major Shaitan Singh Colony, Shastri Nagar, Jaipur Rajasthan

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----Appellants-Defendants No 1 & 2

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Versus

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Rajnesh Kishore Dubey Alias Rajnish Kishore Dubey, S/o Late Shri Roop Kishore, R/o G-109, Major Shaitan Singh Colony, Shastri Nagar, Jaipur As Alleged By The Plaintiff, At Present R/o 7, Police Line Road, Bundi

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----Respondent-Plaintiff

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Smt Krishna Devi, W/o Late Shri Roop Kishore (Impleaded As Defendant No 3 And Died During Suit) Through Legal representatives:-

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2/1. Ambrish Kishore Dubey, S/o Late Shri Roop Kishore (Impleaded As Defendant No 3/1 And Died During Suit) through Legal representatives:-

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2/1/1. Lalit, S/o Shri Ambrish Kishore Dubey, R/o House No. 200, Shanti Nagar, Gopalpura Bypass, Jaipur

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2/1/2. Smt Sapna Sharma, W/o Shri Manish Sharma, R/o 4- U-2, Jawahar Nagar, Jaipur

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2/1/3. Smt Sakshi Sharma, W/o Shri Akshay Sharma, R/o 92A, Gangotri Nagar, Triveni Flyover Ke Pass, Jaipur

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2/1/4. Smt Tapsaya Sharma, W/o Shri Ravi Sharma, R/o Pratap Apartment, Lb-625, Sector No 29, Pratap Nagar, Sanganer, Jaipur

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2/2. Vimal Kumar Dubey, S/o Late Shri Roop Kishore, R/o 25, Nengue, Singapur Impleaded As Defendant No 3/2 And Died During Suit, So Name Deleted Vide Order Dated 14.02.2008 As Prayed By The Palintiff

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2/3. Smt Laxmi Dubey, W/o Shri Rakesh Vajpayee, R/o 76, Kundan Nagar, Sanganer Airport Ke Pass, Sanganer, Jaipur

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----Respondents-Defendants No 3 & 3/1 to 3/3

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(2 of 3)

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[CFA-225/2017]

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For Appellant(s) : Mr. Sudesh Bansal For Respondent(s) : Mr. R.K. Daga Mr. Manish Kumar Sharma

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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02/06/2020

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A compromise has been arrived at between the parties and the same has been mentioned in the application moved under Order 23 Rule 1 CPC. A compromise of mutual settlement has been mentioned in Paras 5.1 to 5.7, which are taken on record as part of the due compromise between the parties and all the parties shall abide by the said compromise. The compromise has been arrived at with the condition that the amount of Rs.6 lacs deposited by appellants, which has been deposited in the FDRs pursuant to the order dated 27.2.2020 passed by the Court, shall be allowed to be withdrawn and release to the appellants. The court fees of Rs.2,17,690 shall also be refunded to the appellants.

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I have considered the aforesaid compromise, however, it is not attested by the respondent-defendant nos.2/1/1 to 2/1/4. Thus, the present compromise will only be applicable to those who have attested the compromise and will not be applicable to the aforesaid four persons.

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Be that as it may, since the appellants pray to withdraw the appeal, the same is allowed to be withdrawn in terms of Section 65-B of the Rajasthan Court Fees. The appellants shall also be entitled to refund of the court fees by moving an appropriate application before the Registrar (Judicial) who after due satisfaction passed necessary orders of refund of the amount to

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(3 of 3)

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[CFA-225/2017]

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the appellants. The amount as directed by this court vide order dated 27.2.2020 shall also be refunded back to the appellants by the Executing Court upon being made an appropriate application alongwith the copy of this order.

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The civil first appeal is accordingly dismissed as withdrawn. All the pending applications shall stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /80

Dinesh Dubey and Anr. v. Rajnesh Kishore Dubey Alias Rajnish

Case brief

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Dinesh Dubey and Anr. v. Rajnesh Kishore Dubey Alias Rajnish

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