The High Court of Rajasthan at Jodhpur disposed of S.B. Civil First Appeal No. 108/2018 based on a verified compromise dated 25.01.2023 under Section 151 CPC and directed refund of court fee._int. Appeal dismissed as settled. Plea for refund allowed.
Appeal disposed by compromise; court fee refund directed to appellant.
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[2023/RJJD/010771]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 108/2018
Sohan Lal S/o Shri Mota Ram, By Caste Nayak, R/o 6 Lm Tehsil Anoopgarh, At Present- Chak No. 7 Lpm, Tehsil Raisinghnagar, District Sri Ganganagar Rajasthan
----Appellant
Versus
Sukhdev Singh S/o Shri Jhandu Singh, By Caste Majbi Sikh, R/o Chak No. 7 Lpm, Teh. Raisinghnagar, Dist. Sri Ganganagar.
----Respondent
| For Appellant(s) | : Mr. |
Dron Kaushik |
|---|---|---|
| For Respondent(s) | : Mr. |
Amit Kumar for |
| Mr. | D.S. Thind |
HON'BLE MS. JUSTICE REKHA BORANA
Order
19/04/2023
An application under Section 151 of the Code of Civil Procedure has been preferred on behalf of the appellant with the submission that the parties have entered into an amicable settlement and a compromise dated 25.01.2023 has been entered into between them for the purpose. The compromise as entered into between the parties has also been placed on record as Annexure-1.
Vide order dated 17.04.2023, the said compromise was directed to be verified by Registrar (Judicial) of this Court and in pursuance to the same, it has been verified on 17.04.2023.
In view of the above, the present appeal is disposed of in terms of the compromise dated 25.01.2023 as entered into between the parties.
[2023/RJJD/010771]
[CFA-108/2018]
An application has also been preferred by learned counsel for the appellant with the submission that as the matter has been compromised between the parties and the appeal is being disposed of in terms of the compromise, the court fee of Rs.42,375/- paid by the appellant be refunded to him.
In view of the fact that the present appeal is disposed of in terms of the compromise as entered into between the parties, the application is allowed and it is directed that the court fee as paid by the appellant be refunded to him in terms of law.
All the pending applications stand disposed of.
(REKHA BORANA),J
33-T.Singh/-
2 issues framed by the court
Whether an appeal proceeding can be disposed of via compromise verified under Section 151 CPC.
Whether court fee paid by appellant should be refunded upon settlement-based disposal of appeal.
1 provisions across 1 enactments
Sohan Lal
Sukhdev Singh
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
