Allowed

Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, v. Sadashiv Jyotirlingeshwar Mahadev Charitable Trust

Rajasthan HC18 Jul 2022CFA/85/2022

Case brief

AI extract

What is this about?

The Court allowed withdrawal of the second appeal on merits by the appellants after settlement was reached. Following precedents, the Court deemed it just and ordered refund of the court fees paid by the appellants.

What did the court decide?

Withdrawal of second appeal allowed; court fee of Rs. 34,091 refunded to appellants.

What the court decided

Dakshineshwar Jai Ganesh Mandir Bhajan… — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 85/2022

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Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, Jaipur Through H-65, Meera Marg, Banipark, Jaipur Through President (Registration No. 55)

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E. Subrahmanyam Son Of Shri Yes Ekambra Ayer, Treasurer, Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, C-25, Sai Kunj, Jaisingh Highway Banipark, Jaipur (Rajasthan) (Died)

¶5

E. Ganesham President Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, Venkateshwar Colony Sodala, New Sanganer Road, Ajmer Road, Jaipur.

¶6

A Sadashivan, Convener, Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, A-40, Shivaji Marg, Nehru Nagar, Jaipur (Died)

¶7

Ashok Ayer Executive Member, Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, A-40, Shivaji Marg, Nehru Nagar, Jaipur.

¶8

M.S. Vishwanathan, Executive Member, Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, C-25, Sai Kunj Jaisingh Highway, Banipark, Jaipur (Rajasthan.) (Died)

¶9

Unnikrishnan Son Of Shri D. Narayana, R/o A-Gh-20, Housing Board, Shastri Nagar, Jaipur.

¶10

K. Ramamurti Son Of Shri K.n. Ayer, R/o B-22, Nehru Nagar, Jaipur (Died)

¶11

----Appellants Versus

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Sadashiv Jyotirlingeshwar Mahadev Charitable Trust, Shakarkui, Harvar, Near Kukas, Jaipur-Delhi National Highway, Jaipur Thorugh Authorized Representative Shri V.k. Goyal Treasurer.

¶13

----Respondent

¶14

For Appellant(s) : Mr. Shashi Shekhar Gaur For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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18/07/2022

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Counsel for appellants submits that appellants have moved an application (No.1/2022) stating therein that in view of compromise arrived at between parties, appellants do not want to

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(2 of 2)

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[CFA-85/2022]

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pursue the second appeal on merits and seeks permission to withdraw the same.

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For reasons mentioned in the application, the same is allowed. The first appeal is dismissed as withdrawn. 3. Learned counsel for appellants pray for refund of Court fee and submits that having the spirit of Lok Adalat both parties have amicably settled the dispute out of Court and appellants have withdrawn the first appeal.

¶22

In view of above, this Court deems it just and proper that the analogy of Section 65(B) of the Rajasthan Court Fees And Suit Valuation Act, 1961 is applicable in present case and at least, an incentive to appellants for withdrawal of appeal, the court fee of Rs.34, 091/- paid, is liable to be refunded.

¶23

This Court following the judgment passed in case of 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. vide order dated 20.04.2022 allowed the refund of Court fee to appellants on withdrawal of appeal.

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Accordingly, Registry is directed to do the needful to refund the Court fees paid by appellants.

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Stay application and any other pending application, if any, stand disposed of.

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(SUDESH BANSAL),J

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NITIN /44

Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, v. Sadashiv Jyotirlingeshwar Mahadev Charitable Trust

Case brief

What is this about?

What did the court decide?

What the court decided

Dakshineshwar Jai Ganesh Mandir Bhajan Samiti, v. Sadashiv Jyotirlingeshwar Mahadev Charitable Trust

Case brief

What is this about?

What did the court decide?

What the court decided

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