Allowed

Udai Lal S/O Shri Mangi Lal Meghwal v. Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/O Shri Mangilal W/O Shri Ramdev

Rajasthan HC4 Aug 2022CFA/57/2020

Case brief

AI extract

What is this about?

The High Court allowed the withdrawal of two civil first appeals regarding a release deed dispute between sister and brother. The court granted an order refunding court fees paid by the appellants, relying on specific judgments supporting refunds in out-of-court settlements resembling National Lok Adalat.

What did the court decide?

Withdrawal of appeals allowed; court fees paid in both appeals directed to be refunded by the Registrar (Judicial).

Udai Lal S/O Shri Mangi Lal Meghwal Vs Smt… — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 50/2020

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Udai Lal S/o Shri Mangi Lal Meghwal, R/o Gram Samarba Presently Residing At Opposite Rajatgarh Gate No. 06, Marwaro Ka Mohalla, Indra Colony, Bundi Tehsil And District Bundi (Rajasthan). Since deceased through LRs.

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1/1. Rajesh Kumar Verma S/o Late Shri Udai Lal, aged about 32 years

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1/2. Ganesh Lal Meghwal S/o Late Udai Lal aged about 29 years 1/3. Unkari Bai W/o Late Shri Udai Lal, aged about 57 years

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All residents of Opposite Rajatagarh Gate No.06, Marwaro Ka Mohalla, Indra Colony, bundi Teshil and District Bundi (Raj.) 1/4. Sugna Bai D/o Late Shri Udai Lal, W/o Shri Babu Lal, aged about 39 years R/o 48, Dagilwada Bazar, Bundi, Rajasthan

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1/5. Geeta Devi Verma D/o Late Shri Udai Lal, W/o Shri Rakesh Verma, aged about 36 years, R/o 258, Kunchalwada Road, Hanumannagar Uncha, Jahazpur, District Bhilwara, Rajasthan

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----Appellants

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Versus

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Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/o Shri Mangilal W/o Shri Ramdev, Aged About 65 Years, B/c Meghwal, R/o Gram Samarba, Presently Residing At Gram Aukarpura, Tehsil And District Bundi (Rajasthan).

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Deputy Registrar, Bundi (Rajasthan)

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The State Of Rajasthan, Through Tehsildaar, Bundi (Rajasthan)

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----Respondents

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Connected With

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S.B. Civil First Appeal No. 57/2020

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Udai Lal S/o Shri Mangi Lal Meghwal, R/o Gram Samarba Presently Residing At Opposite Rajatgarh Gate No. 06, Marwaro Ka Mohalla, Indra Colony, Bundi Tehsil And District Bundi (Rajasthan)

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----Appellant

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Versus

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Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/o Shri Mangilal W/o Shri Ramdev, Aged About 65 Years, B/c Meghwal, R/o Gram Samarba, Presently Residing At Gram Aunkarpura, Tehsil And District Bundi (Rajasthan)

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(2 of 4)

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[CFA-50/2020]

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Deputy Registrar, Bundi (Rajasthan)

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The State Of Rajasthan, Through Tehsildar, Bundi (Rajasthan)

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----Respondents

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For Appellant(s) : Mr. Sudhir Kumar Tiwari For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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04/08/2022

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In S.B. Civil First Appeal No. 50/2020 :-

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The present first appeal arises in relation to the dispute between sister and brother regarding cancellation of release deed.

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Appellants have moved an application (I.A.No.01/2022) under Order 23 Rule 1(1) CPC stating that during course of first appeal, both parties have entered into a compromise and there is no requirement to pursue the first appeal, hence a prayer has been made to withdraw this first appeal.

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For reasons mentioned in the application, the permission to withdraw the first appeal, is granted.

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Accordingly, this S.B. Civil First Appeal No. 50/2020 is dismissed as withdrawn.

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All other pending application(s), if any, also stand(s) disposed of.

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In S.B. Civil First Appeal No. 57/2020:-

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The present first appeal arises in relation to the dispute between sister and brother regarding cancellation of release deed.

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Learned counsel for appellant submits that during course of the first appeal, the sole appellant namely, Sh. Udai Lal has

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(3 of 4)

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[CFA-50/2020]

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passed away on 24.09.2021, hence an application (I.A.No.01/2021) under Order 22 Rule 3 CPC has been filed by his natural heirs. The similar nature of application has already been allowed in the connected S.B. Civil First Appeal No. 50/2020. The application is within time, hence the same is allowed.

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Applicants being legal representatives of deceased appellant, are allowed to be substituted in place of deceased appellant and amended cause title enclosed with the application is taken on record.

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Appellants have moved an another application (I.A.No.01/2022) under Order 23 Rule 1(1) CPC stating that during course of first appeal, parties have entered into a compromise and there is no requirement to pursue the first appeal, hence prayer has been made to withdraw this first appeal.

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For reasons mentioned in the application, the permission to withdraw the first appeal, is granted.

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Accordingly, this S.B. Civil First Appeal No. 57/2020 is dismissed as withdrawn.

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All other pending application(s), if any, also stand(s) disposed of.

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Learned counsel for appellants prayed that since both first appeals have been withdrawn, in view of compromise between parties out of the Court and compromise was entered between both parties, having the spirit of National Lok Adalat , hence the court fees paid by appellants in both first appeals be refunded.

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This Court is of opinion that when both parties have amicably settled their dispute out of Court having the spirit of National Lok Adalat , the provisions of Section 65(B) of the Rajasthan Court Fees and Suit Valuation Act, 1961, be applied in such situation and

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(4 of 4)

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[CFA-50/2020]

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the court fees paid by appellants may be ordered to be refunded as an incentive.

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Following the ratio of judgments in cases of High Court of Judicature at Madras Vs. M.c. Subramaniam [(2021) 3 SCC 560] , Mool Singh Vs. Abdul Jabbar [(2012) 1 DNJ Raj. 31], Mangi Lal Vs. State of Raj. [(2018) 3 RLW 2129 Raj.] and in S.B. Civil First Appeal No.576/2015; Avdesh Kumar Gupta vs. Ramavatar Gupta And Anr., this Court is of opinion to grant the prayer of appellants. Hence, the Court fees paid by appellants in both first appeals is allowed to be refunded.

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Accordingly, Registrar (Judicial) is directed to do the needful to refund the Court fees paid by appellants in both S.B. Civil First Appeal No.50/2020 & S.B. Civil First Appeal No.57/2020.

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(SUDESH BANSAL),J

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SACHIN /114 & 80

Udai Lal S/O Shri Mangi Lal Meghwal v. Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/O Shri Mangilal W/O Shri Ramdev

Case brief

What is this about?

What did the court decide?

Udai Lal S/O Shri Mangi Lal Meghwal v. Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/O Shri Mangilal W/O Shri Ramdev

Case brief

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