Dismissed¶¶21

Smt Vinita Sharma and Others v. Satya Narain Sharma

Rajasthan HC17 Mar 2026CFA/185/2013

Case brief

AI extract

What is this about?

Withdrawal of first appeal on inter se settlement of parties (Lok Adalat spirit); registered sale deed dated 21.04.2015 executed in favour of respondent; dismissal of appeal as withdrawn; refund of Court fees of Rs.84,155/- on withdrawal, applying Supreme Court judgment in High Court of Judicature at Madras Vs. M.C. Subramaniam & Ors., (2021) 3 SCC 560; Registry directed to issue refund certificate; Rajasthan High Court Jaipur Bench; CFA 185/2013; Justice Maneesh Sharma.

What did the court decide?

First appeal dismissed as withdrawn; appellant granted refund of Court fees of Rs.84,155/- with direction to the Registry to prepare a refund certificate in favour of the appellant. ¶¶21

Smt Vinita Sharma and Others Vs Satya Narain Sharma — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

First appeal dismissed as withdrawn; appellant granted refund of Court fees of Rs.84,155/- with direction to the Registry to prepare a refund certificate in favour of the appellant.

¶¶21

Issue for consideration

Whether leave should be granted to withdraw the present first appeal pursuant to the settlement between the parties, and whether the Court fees paid by the appellant should be refunded.

¶¶14

Court's answer

For the reasons mentioned in the application (IA No.1/2025), the application seeking withdrawal of the appeal and refund of Court fees is allowed.

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Ratio / Principle

The present first appeal is dismissed as withdrawn, as learned counsel for the appellant does not wish to pursue the appeal following settlement between the parties.

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Key takeaways

The appellant is entitled to refund of the Court fees of Rs.84,155/- in terms of the judgment of the Hon'ble Apex Court in High Court of Judicature at Madras Vs. M.C. Subramaniam & Ors., and the Registry is directed to prepare a certificate regarding such refund in favour of the appellant.ratio¶¶21
All other pending applications, if any, stand disposed of.ratio¶¶23

Detailed headnote1 paragraphs

S.B. Civil First Appeal No. 185/2013 (Rajasthan High Court, Jaipur Bench; Maneesh Sharma, J.; order dated 17/03/2026): On an application (IA No.1/2025) seeking withdrawal of the appeal together with refund of Court fees, learned counsel for the appellants submitted that during the pendency of the appeal the parties had settled the pending dispute in the pious spirit of Lok Adalat and a registered sale deed dated 21.04.2015 had already been executed in favour of the respondent. Counsel, upon instructions, did not wish to pursue the first appeal. Allowing the application, the Court dismissed the present first appeal as withdrawn and held the appellant entitled to refund of the Court fees of Rs.84,155/- in terms of the judgment of the Hon'ble Apex Court in High Court of Judicature at Madras Vs. M.C. Subramaniam & Ors., (2021) 3 SCC 560, directing the Registry to prepare a refund certificate in favour of the appellant. All other pending application(s), if any, were disposed of.

¶1

[2026:RJ-JP:11306]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 185/2013

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Smt Vinita Sharma, W/o Late Shri Devendra Kumar Sharma,

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Gaurav Sharma, S/o Late Shri Devendra Kumar Sharma, 3. Rahul Sharma, S/o Late Shri Devendra Kumar Sharma (at the time of filing of the suit minor but during trial has become major) All R/o Sector No.2, House No.448, Vidhadhar Nagar, Jaipur (Rajasthan)

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----Appellants

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Versus

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Satya Narain Sharma, S/o Shri Kailash Chand Sharma, R/o SB-3, Mahaveer Udhyan Marg, Shiksha Sankul Ke Pass, JLN Marg, Jaipur.

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----Respondent

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For Appellant(s)	: Mr. Vikas Kabra
For Respondent(s)	:

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HON'BLE MR. JUSTICE MANEESH SHARMA

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Order

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17/03/2026

¶14

Matter has come up on application (IA No.1/2025) seeking withdrawal of appeal as well as for refund of Court fees. 2. Learned counsel for the appellant submits that during the pendency of the present appeal the parties to the appeal have finally settled the pending dispute in the pious spirit of Lok Adalat, and in furtherance thereof, a registered sale deed dated 21.04.2015 has already been executed in favour of the respondent.

(2 of 2)

[2026:RJ-JP:11306]

[CFA-185/2013]

In view of the above, and upon instructions from his client, learned counsel for the appellant does not wish to pursue the present first appeal and seeks permission to withdraw the same. He further prays that the court fees so paid by the appellant may kindly be refunded back to the appellant.

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Heard.

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For the reasons mentioned in the application, the same is allowed.

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In view of the submissions made by learned counsel for the appellant, the present first appeal is dismissed as withdrawn and the appellant is entitled for the refund of the Court fees of Rs.84,155/- in terms of the judgment passed by Hon'ble Apex Court in the matter of High Court of Judicature at Madras Vs. M.C. Subramaniam & Ors.¹ , therefore, the Registry is directed to prepare a certificate regarding the refund of the Court fees of Rs.84,155/- in favour of the appellant.

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In view of the aforesaid discussion, the present first appeal stands dismissed as withdrawn.

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

of.

(MANEESH SHARMA),J

DEEPA-135

1 (2021) 3 SCC 560

Smt Vinita Sharma and Others v. Satya Narain Sharma

Case brief

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Smt Vinita Sharma and Others v. Satya Narain Sharma

Case brief

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