HARISHCHAND PRAKASHWANTI CHARITABLE MEMORABLE TRUST (REGD.) v. RAMESHWAR S/O BALABAKSH
CFA/490/2022 · 2025-05-09
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26752 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 26752 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:19752] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 490/2022 Harishchand Prakashwanti Charitable Memorable Trust (Regd.), 2- Khelgaon Marg, Hauz Khas, New Delhi, Through Mithlesh Kumar Jha S/o Late Shri Yogendra Jha, Aged Aboutg 28 Years, R/o Sundarpur Bhatti Post Kharra, District Madhubani, Bihar. ----Appellant/plaintiff Versus
1. Rameshwar S/o Balabaksh, R/o Mahla, Tehsil Mauzmabad, District Jaipur, Rajasthan (Deceased).
2. Devki W/o Late Rameshwar, R/o Village Mahla, Tehsil Mauzmabad, District Jaipur, Presently Residing At Badaya Ka Chowk, Ramji Ka Mandir, Frist Circle, Chandpol, Jaipur, Rajasthan.
3. Indra D/o Late Rameshwar, R/o Village Mahla, Tehsil Mauzmabad, District Jaipur, Presently Residing At Badaya Ka Chowk, Ramji Ka Mandir, Frist Circle, Chandpol, Jaipur, Rajasthan.
4. Mahesh Kumar S/o Shri Sitaram, R/o Jamwaramgarh, Jaipur, Presently Residing At Laxminarayan Puri, Jaipur, Rajasthan. ----Respondents/defendants For Appellant(s) : Mr. Raghav Pareek, Advocate for Mr. Yash Sharma, Advocate For Respondent(s) : Mr. Susheel Pujari, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 09/05/2025 : The present first appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred on behalf of plaintiff-appellant against the impugned judgment & decree dt.21.05.2022 passed by the Court of ld. Additional District Judge, Dudu, District Jaipur, in Civil Suit No.100/2018 (47/2014), whereby the suit for specific performance & permanent injunction was dismissed.
Learned counsel appearing for the parties submit that during the pendency of the present appeal, both the parties have
[2025:RJ-JP:19752] (2 of 2) [CFA-490/2022] amicably resolved their disputes and have entered into a compromise/ settlement dt.05.05.2025 in the spirit of Lok Adalat outside the Court while cancelling the earlier agreement dt.24.07.2007. In this regard, an application bearing Inward No.1/2025 has also been filed on behalf of appellant praying therein for withdrawal of the present appeal while refunding the Court fee paid by the appellant. Heard. Perused. As per compromise dt.05.05.2025 both the parties do not want to pursue the matter & the dispute between them has been settled amicably. The appellant prayed for withdrawal of the appeal while refunding the Court fee filed alongwith the appeal. After going through the contents of the aforesaid application & considering the submissions made at bar, the application is allowed. Consequently, the appeal is dismissed as withdrawn. The decree be drawn up accordingly. The terms of the compromise shall be treated as an integral part of this order. The stay application & other pending application, if any, are also stand disposed of. Registrar (Judicial) of this Court is directed to issue a Certificate to the appellant to get the Court fees refunded from the Collector (Stamps) concerned.
(VINOD KUMAR BHARWANI),J ASHOK