[2025:RJ-JP:45892] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 54/2022 Bharosi S/o Mohar Singh, Aged About 48 Years, R/o Rondkhurd, Tehsil And District Karauli (Raj.) ----Appellant Versus 1. Yusuf Khan S/o Kamruddin, Aged About 52 Years, R/o Chandani Chowk, Neelgaron Ka Mohalla, Devi Darwaja, Town Sabalgarh, District Muraina, M.p. 2. Usman Khan S/o Kamruddin Khan, Aged About 44 Years, R/o Sabalgarh, Tehsil Sabalgarh, District Muraina, Presently R/o Saleem Gwalior Wale Khedia Mode Kamal Khan Ki Dargah, Khenchu Wali Gali, Agra, U.p. 3. Chhota Ballu S/o Kamruddin, Aged About 37 Years, R/o Chandani Chowk, Neelgaron Ka Mohalla, Devi Darwaja, Town Sabalgarh, District Muraina, M.p. 4. Bada Ballu S/o Kamruddin, Aged About 37 Years, R/o Indra Colony, Near Dhobi Deh, Town Karauli, Tehsil And District Karauli. 5. Jameela D/o Kamruddin W/o Salem, Aged About 47 Years, Presently R/o Near Kamal Khan Ki Dargah, Agra, District Agra, U.p. 6. Nisara D/o Kamruddin W/o Mahboob Ali, Aged About 40 Years, R/o Jheel Field Sabalgarh, District Muraina, M.p. ----Respondents For Appellant(s) : Mr. Anubhav Gupta for Mr. Jai Prakash Gupta For Respondent(s) : Ms. Kriti Garg for Mr. Dinesh Kumar Garg HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/11/2025 1. Appellant-plaintiff’s prayer for specific performance has been denied, however he was held entitled to get refund of amount of [2025:RJ-JP:45892] (2 of 2) [CFA-54/2022] Rs.7,01,000/- from the defendants vide judgment dated 12.11.2021 passed in civil suit No.4/2020 by Additional District Judge, Karauli where against this first appeal has been preferred by the plaintiff. 2. The application (I.A. No.1/2025) has been filed by plaintiff by non-supported affidavit stating inter alia that inter se dispute between the parties has been settled by way of compromise and plaintiff does not want to pursue this appeal and seeks permission to withdraw this first appeal and makes a prayer to refund the Court fees. 3. Counsel appearing on behalf of respondents does not have any objection in allowing the withdrawal of the first appeal and to refund the Court fees. 4. In view of the above, first appeal is dismissed as withdrawn. 5. Since appellant has withdrawn the first appeal, hence, in view of the judgment passed by the Hon’ble Supreme Court in case of High Court of Judicature at Madras Vs.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. 5. Accordingly, Registrar (Judicial) is directed to do the needful to refund the Court fees paid by the appellant. 6. Stay application and any other pending application, if any, stand disposed of. (SUDESH BANSAL),J Chandan/19