IIFL HOME FINANCE LIMITED v. UTTAM KUMAR ASRANI S/O SH. INDER PRAKASH
CW/11296/2025 · 2025-08-29
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25534 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25534 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11296/2025 Iifl Home Finance Limited, (Formerly Known As India Infoline Housing Finance Limited) Having Registered Office At 12A-10, 13Th Floor, Parini Crezenzo, C-38 And C-39, G Block, Mca, Bandra Kurla Complex, Bandra (East), Mumbai-400051, Maharashtra And Branch Office At 4Th Floor, Vinayak Heights, Gautam Marg, Vaishali Nagar, Jaipur- 302021, Rajasthan Through Its Authorised Officer Vibhor Trivedi. ----Petitioner Versus
1. Uttam Kumar Asrani S/o Sh. Inder Prakash, Resident Of Plot No.419-A, Adarsh Nagar, Near Geeta Bhawan, Jaipur, Rajasthan-333023. 2. Smt. Rina Bhatia W/o Sh. Ajay Bhatia, Resident Of House No.28, Gurunanakpura Rajapark, Jaipur, Rajasthan-
302007. 3. Deputy-Registrar, Jaipur First, Rajasthan. 4. M/s Upasana Buildcon Llp Partnership Firm, Through Its Partner Sh. Nikhil Maheshwari S/o Sh. Om Maheshwari Office At Upasana House, B-70, Rajendra Marg, Bapu Nagar, Jaipur. ----Respondents For Petitioner(s) : Ms. Neha Sharma HON'BLE MR. JUSTICE GANESH RAM MEENA Order 29/08/2025 Counsel for the petitioner has filed this writ petition under Article 227 of the Constitution of India as regards the order dated 08.03.2025 passed by the Permanent Lok Adalat by which the prayer made by the petitioner to withdraw his suit has been allowed. (2 of 2) [CW-11296/2025] Counsel for the petitioner submits that the petitioner filed the suit for cancellation of sale deed before the Court of District and Sessions Judge, No.1, Jaipur Metropolitan-I which was registered as suit No.12/2024 (CIS Registration No.85/2024). Counsel for the petitioner submits that the petitioner moved an application for withdrawal of his suit but inadvertently in the application it was mentioned that he was withdrawing the suit in view of the settlement. Counsel for the petitioner made a limited prayer that the petitioner may be allowed to withdraw the suit in simple manner without recording any fact of settlement. Having regard to the submissions made by the petitioner and the limited prayer made by him, the Court feels that the ends of justice would meet if the order of the Permanent Lok Adalat dated 08.03.2025 be modified by observing that the petitioner is allowed to withdraw the suit in simple manner without recording any fact of settlement. Accordingly, this petition is allowed and the order dated 08.03.2025 passed by Permanent Lok Adalat is modified to the extent that the fact of settlement is deleted and the petitioner/plaintiff is allowed to withdraw the suit in simple manner.
However, it is made clear that petitioner shall not be allowed to refund the Court Fees as ordered by the Permanent Lok Adalat. (GANESH RAM MEENA),J ANAND TANWAR /38