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2025 DAILYLAW 2018 (RAJ)

ANIL KUMAR S/O UMRAO, v. NITYANAND S/O SHEORAM,

CFA/1194/2025 · 2026-03-09

Maneesh Sharma

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 1194/2025 Anil Kumar S/o Umrao, Aged About 47 Years, Resident Of Village Tapukda, Tehsil Tijara, District Alwar (Raj.). ----Appellant Versus 1. Nityanand S/o Sheoram, Aged About 31 Years, Resident Of Khanpur, Tehsil Tijara, District Alwar. 2. Krishan Kumar S/o Devi Sahai, Resident Of House No. 564, Sector-10-A, Gurgaon, Haryana. ----Respondents For Appellant(s) : Mr. Shailesh Prakash Sharma with Mr. Manan Sharma Mr. Anil Kumar (Appellant present in person) For Respondent(s) : Mr. Anil Kumar Jain with Mr. Gaurav Choudhary Mr. Nityanand (Respondent No.1 present in person) Mr. Krishan Kumar (Respondent No.2 present in person) HON'BLE MR. JUSTICE MANEESH SHARMA Order 09/03/2026 In Application (I.A. No. 1/2026): 1. Matter has come up on an application (I.A. No.1/2026) filed by the appellant for taking the compromise deed dated 17.12.2025 on record. 2. Learned counsel for the respondents has no objection in taking the said compromise on record. 3. Heard. 4. For the reasons mentioned in the application (I.A. No.1/2026), the same is allowed, the compromise deed dated 17.12.2025, arrived at between the parties is taken on record. (2 of 3) [CFA-1194/2025] In S.B. Civil First Appeal No. 1194/2025: 1. Learned counsel for the appellant submits that during the pendency of the present first appeal, the parties herein have settled their disputes amicably in the pious spirit of Lok Adalat vide the said compromise deed dated 17.12.2025. 2. He accordingly submits that in view of the compromise deed dated 17.12.2025, the appellant does not to wish to pursue the present first appeal, he therefore seeks permission to withdraw the same. He further prays that the court fees so paid by the appellant in the present appeal may kindly be refunded to the appellant. 3. The aforesaid request of the learned counsel for the appellant has not been opposed by the learned counsel for the respondent. 4. Lastly, learned counsel for the parties jointly submit that the parties to the present first appeal are also present in person before this Court to reaffirm the factum of compromise and accordingly pray for their presence to be marked in the order sheet. 5. Heard. 6. In view of the submissions made by learned counsel for the parties as well as in view of the compromise deed dated 17.12.2025, arrived at between the parties with the pious spirit of Lok-Adalat, the present civil first appeal is dismissed as withdrawn. The court fees so paid by the appellant shall be refunded to the appellant. 7. The appellant is entitled for the refund of the Court fees Rs.1,05,160/- in terms of the judgment passed by the Hon'ble (3 of 3) [CFA-1194/2025] 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.1,05,160/- in favour of the appellant. 8. In view of the aforesaid discussion, the present civil first appeal stands dismissed as withdrawn. 9. The stay application and the other pending applications, if any, including IA No.1/2026, stand disposed of. (MANEESH SHARMA),J EKTA /144 1 (2021) 3 SCC 560