Single judge observed that both parties settled dispute out of court. Court dismissed first appeal as withdrawn and directed refund of court fees in interests of National Lok Adalat.
First appeal dismissed as withdrawn; court fees refunded to appellant.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 285/2017
Shankar Lal Sharma S/o Bhagwan Sahay Sharma, Aged 30 years, R/o Kishanpura, Bassi Tehsil, District Jaipur
----Appellant
Versus
Hanuman Sahay Sharma S/o Gopal Sharma, Aged 30 years, R/o Narayan Vihar, Village Asarpura, Tehsil Sanganer, District Jaipur
----Respondent
For Appellant(s) : Mr. Ram Chandra Sharma For Respondent(s) : Mr. Sunil Kumar Saini
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
03/08/2022
(I.A.No.01/2022) under Order 23 Rule 3 CPC stating that both parties have settled their dispute out of the Court and in view of the settlement, appellant may be permitted to withdraw the first appeal. Learned counsel for respondent has no objection.
And Anr., since both parties have entered into compromise with
[CFA-285/2017]
(2 of 2)
the spirit of National Lok Adalat, the court fees paid by the appellant in S.B Civil First Appeal No. 285/2017 may be refunded. 6. Accordingly, Deputy Registrar (Judicial) is directed to do the needful to refund the Court fees paid by appellant.
(SUDESH BANSAL),J
SACHIN /69
1 issue framed by the court
Whether the appellant is entitled to withdraw the first appeal post-settlement under Order 23 Rule 3 CPC.
Colour shows how this judgement treated each authority
Mool Singh Vs. Abdul JabbarRelied on¶17
Mool Singh Vs. Abdul Jabbar [(2012) 1 DNJ Raj. 31]
Mangi Lal Vs. State of RajasthanRelied on¶17
Mangi Lal Vs. State of Raj. [(2018) 3 RLW 2129 Raj.]
Avdesh Kumar Gupta vs. Ramavatar GuptaReferred¶17
Avdesh Kumar Gupta vs. Ramavatar Gupta
1 provisions across 1 enactments
Shankar Lal Sharma
Hanuman Sahay Sharma
Sadesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
