Rajasthan High CourtUdai Lal S/O Shri Mangi Lal Meghwal vs Smt. Kanwari Ram Kanwari Bai Alias ... on 4 August, 2022Author:Sudesh BansalBench:Sudesh BansalHIGH COURT OF JUDICATURE FOR RAJASTHAN\n                    BENCH AT JAIPUR\n\n              S.B. Civil First Appeal No. 50/2020\n1. Udai Lal S/o Shri Mangi Lal Meghwal, R/o Gram Samarba\nPresently Residing At Opposite Rajatgarh Gate No. 06, Marwaro\nKa Mohalla, Indra Colony, Bundi Tehsil And District Bundi\n(Rajasthan). Since deceased through LRs.\n1/1. Rajesh Kumar Verma S/o Late Shri Udai Lal, aged about 32\nyears\n1/2. Ganesh Lal Meghwal S/o Late Udai Lal aged about 29 years\n1/3. Unkari Bai W/o Late Shri Udai Lal, aged about 57 years\n        All residents of Opposite Rajatagarh Gate No.06, Marwaro\nKa Mohalla, Indra Colony, bundi Teshil and District Bundi (Raj.)\n1/4. Sugna Bai D/o Late Shri Udai Lal, W/o Shri Babu Lal, aged\nabout 39 years R/o 48, Dagilwada Bazar, Bundi, Rajasthan\n1/5. Geeta Devi Verma D/o Late Shri Udai Lal, W/o Shri Rakesh\nVerma, aged about 36 years, R/o 258, Kunchalwada Road,\nHanumannagar Uncha, Jahazpur, District Bhilwara, Rajasthan\n                                                                      ----Appellants\n                                     Versus\n1.      Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/o Shri\n        Mangilal W/o Shri Ramdev, Aged About 65 Years, B/c\n        Meghwal, R/o Gram Samarba, Presently Residing At Gram\n        Aukarpura, Tehsil And District Bundi (Rajasthan).\n2.      Deputy Registrar, Bundi (Rajasthan)\n3.      The   State    Of     Rajasthan,         Through          Tehsildaar,   Bundi\n        (Rajasthan)\n                                                                   ----RespondentsConnected With\n              S.B. Civil First Appeal No. 57/2020\nUdai Lal S/o Shri Mangi Lal Meghwal, R/o Gram Samarba\nPresently Residing At Opposite Rajatgarh Gate No. 06, Marwaro\nKa Mohalla, Indra Colony, Bundi Tehsil And District Bundi\n(Rajasthan)----Appellant\n                                     Versus1.       Smt. Kanwari Ram Kanwari Bai Alias Ramkanwari D/o\n         Shri Mangilal W/o Shri Ramdev, Aged About 65 Years,\n         B/c Meghwal, R/o Gram Samarba, Presently Residing At\n         Gram Aunkarpura, Tehsil And District Bundi (Rajasthan)(Downloaded on 08/08/2022 at 09:35:35 PM)(2 of 4)                    [CFA-50/2020]2.         Deputy Registrar, Bundi (Rajasthan)3.         The State Of Rajasthan, Through                        Tehsildar,    Bundi\n            (Rajasthan)----Respondents\n\n\nFor Appellant(s)            :     Mr. Sudhir Kumar Tiwari\nFor Respondent(s)           :HON'BLE MR. JUSTICE SUDESH BANSAL\n\n                                       Order\n\n04/08/2022\n\nIn S.B. Civil First Appeal No. 50/2020 :-The present first appeal arises in relation to the dispute\n\nbetween sister and brother regarding cancellation of release deed.Appellants have moved an application (I.A.No.01/2022)\n\nunder Order 23 Rule 1(1)CPCstating that during course of first\n\nappeal, both parties have entered into a compromise and there is\n\nno requirement to pursue the first appeal, hence a prayer has\n\nbeen made to withdraw this first appeal.For reasons mentioned in the application, the permission to\n\nwithdraw the first appeal, is granted.Accordingly, this S.B. Civil First Appeal No. 50/2020 is\n\ndismissed as withdrawn.All    other   pending      application(s),         if   any,    also     stand(s)\n\ndisposed of.In S.B. Civil First Appeal No. 57/2020:-The present first appeal arises in relation to the dispute\n\nbetween sister and brother regarding cancellation of release deed.Learned counsel for appellant submits that during course of\n\nthe first appeal, the sole appellant namely, Sh. Udai Lal has(Downloaded on 08/08/2022 at 09:35:35 PM)(3 of 4)                     [CFA-50/2020]\n\n\n\npassed     away     on       24.09.2021,            hence        an       application\n\n(I.A.No.01/2021) underOrder 22 Rule 3 CPChas been filed by his\n\nnatural heirs. The similar nature of application has already been\n\nallowed in the connected S.B. Civil First Appeal No. 50/2020. The\n\napplication is within time, hence the same is allowed.Applicants being legal representatives of deceased appellant,\n\nare allowed to be substituted in place of deceased appellant and\n\namended cause title enclosed with the application is taken on\n\nrecord.Appellants      have        moved           an          another      application\n\n(I.A.No.01/2022) under Order 23 Rule 1(1)CPCstating that\n\nduring course of first appeal, parties have entered into a\n\ncompromise and there is no requirement to pursue the first\n\nappeal, hence prayer has been made to withdraw this first appeal.For reasons mentioned in the application, the permission to\n\nwithdraw the first appeal, is granted.Accordingly, this S.B. Civil First Appeal No. 57/2020 is\n\ndismissed as withdrawn.All   other   pending      application(s),         if    any,     also   stand(s)\n\ndisposed of.Learned counsel for appellants prayed that since both first\n\nappeals have been withdrawn, in view of compromise between\n\nparties out of the Court and compromise was entered between\n\nboth parties, having the spirit of National Lok Adalat, hence the\n\ncourt fees paid by appellants in both first appeals be refunded.This Court is of opinion that when both parties have amicably\n\nsettled their dispute out of Court having the spirit of National Lok\n\nAdalat, the provisions ofSection 65(B)of the Rajasthan Court\n\nFees and Suit Valuation Act, 1961, be applied in such situation and(Downloaded on 08/08/2022 at 09:35:35 PM)(4 of 4)             [CFA-50/2020]\n\n\n\n                                   the court fees paid by appellants may be ordered to be refunded\n\n                                   as an incentive.Following the ratio of judgments in cases of High Court of\n\n                                   Judicature atMadras Vs. M.c. Subramaniam[(2021) 3 SCC\n\n                                   560], Mool Singh Vs. Abdul Jabbar[(2012) 1 DNJ Raj. 31],\n\n                                   Mangi Lal Vs. State of Raj.[(2018) 3 RLW 2129 Raj.] and in\n\n                                   S.B. Civil First Appeal No.576/2015;Avdesh Kumar Gupta\n\n                                   vs. Ramavatar Gupta And Anr., this Court is of opinion to grant\n\n                                   the prayer of appellants. Hence, the Court fees paid by appellants\n\n                                   in both first appeals is allowed to be refunded.Accordingly, Registrar (Judicial) is directed to do the needful\n\n                                   to refund the Court fees paid by appellants in both S.B. Civil First\n\n                                   Appeal No.50/2020 & S.B. Civil First Appeal No.57/2020.(SUDESH BANSAL),J\n\n                                   SACHIN /114 & 80(Downloaded on 08/08/2022 at 09:35:35 PM)Powered by TCPDF (www.tcpdf.org)