[2025:RJ-JP:43623] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 235/2024 Umesh Nama S/o Badri Lal Nama, Aged About 56 Years, R/o Plot No. 31/4 Indra Colony, Guljar Bagh, Tonk, Distt. Tonk. ----Appellant Versus Suresh Kumar Modi S/o Chouthmal Modi, Aged About 55 Years, R/o Raghunath Ji Ke Mandir Ke Pas Wali Gali, Raghunathpuri Bada Takhta Tonk, Distt Tonk (Raj.). ----Respondent For Appellant(s) : Mr. Giriraj Prasad Godhwal For Respondent(s) : Mr. Ashrut Sethi HON'BLE MR. JUSTICE SUDESH BANSAL Order 30/10/2025 1. An application (I.A. No.2/2025) has been filed along with compromise stating inter alia that First Appeal may be disposed of in terms of compromise and the Court fee paid by appellant in this First Appeal be refunded. 2. Under the impugned judgment and decree dated 16.11.2023, passed in Civil Suit CIS No.05/2019 titled as Suresh Kumar Modi Vs. Umesh Nama by District Judge Tonk, appellant- defendant was directed to execute the registered sale deed of suit property in favour of the plaintiff but as per compromise, respondent-plaintiff has received his advance sale consideration and additional amount from the appellant-defendant and does not want to get execute the registered sale deed in pursuance to the judgment and decree dated 16.11.2023. Thus, in terms of [2025:RJ-JP:43623] (2 of 2) [CFA-235/2024] compromise, the judgment and decree dated 16.11.2023 impugned herein has rendered insignificant and non-executable. 3. In view of the above, since the impugned judgment and decree has rendered insignificant and non-executable and is virtually a dead decree, in terms of compromise as entered into between the parties, counsel for the appellant does not want to pursue the appeal on merits. 4. For the reasons stated hereinabove, this First Appeal stands disposed of accordingly. Compromise is taken on record. 5. Since parties have entered into compromise out of Court having spirit of Lok Adalat, and first appeal has been disposed of in terms of compromise, hence, in view of the judgment passed by the Hon'ble Supreme Court in case of High Court of Judicature at Madras Vs. M.C. Subramaniam & Ors. [(2021) 3 SCC 560] the Court fee paid by appellant in present first appeal be refunded. 6. Accordingly, Registrar (Judicial) is directed to do the needful to refund the Court fees paid by appellant. 7. Stay application and any other pending application, if any, stand disposed of. (SUDESH BANSAL),J pcg/44