[2025:RJ-JP:44697] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 1309/2024 Rampal S/o Shri Ghasiram, R/o Asalwas, Tehsil Bawal, Dist. Rewari, Haryana ----Appellant Versus 1. Bishambhar Dayal S/o Mangalram, R/o Mandhan, Tehsil Neemrana, Dist. Kotputli, Behror, Raj. (Deceased) 1/1. Parvati Devi Wife Of Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/2. Bindu Sharma S/o Devendra Sharma S/o Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/3. Mahak Daughter Of Devendra Sharma S/o Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/4. Mohit S/o Devendra Sharma S/o Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/5. Varsha Daughter Of Devendra Singh Son Of Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/6. Ramsahay S/o Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/7. Ramabai Daughter Of Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/8. Sharda Daughter Of Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 1/9. Balkishan S/o Bishambhardayal, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 2. Jagmohan S/o Mangalram, R/o Mandhan, Tehsil Neemrana, Dist. Kotputli, Behror, Raj. Presently Residing At House No. 482, Village Bansoor, Tehsil Bansoor, Dist. Alwar, Raj. (Deceased) 2/1. Shiksha Devi W/o Jagmohan, Deceased 2/2. Kamal Kumar S/o Jagmohan, Deceased (Deceased) 2/2/1 Beena W/o Kamal Kumar, R/o Mohalla Joshiyo Ka Bansoor, Dist. Alwar, Raj. 2/2/2 Chinmay S/o Kamal Kumar, Resident Of Mohalla Joshiyon Ka Bansoor, District Alwar, Raj. 2/2/3 Hardik S/o Kamal Kumar, Resident Of Mohalla Joshiyon Ka Bansoor, District Alwar, Raj. 2/3. Ritu Daughter Of Jagmohan, Resident Of Mohalla Joshiyon Ka Bansoor, District Alwar, Raj. 2/4. Rachna Daughter Of Jagmohan, Resident Of Mohalla Joshiyon Ka Bansur, District Alwar, Raj. [2025:RJ-JP:44697] (2 of 3) [CFA-1309/2024] 3. Durgaprasad S/o Mangalram, R/o Mandhan, Tehsil Neemrana, District Kotputli, Behror, Raj. Presently Residing At E-4, Nala Pratap Nagar Kachchi Basti Ward No. 15, Jaipur, Raj. 4. Bhashkar S/o Mangalram, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. 5. Ramcharan S/o Mangalram, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Presently Residing At 31 D/151 Molarbandh Extension Delhi (Deceased) 5/1. Sudesh Devi Wife Of Late Ramcharan, Resident of Mandhan, Tehsil Neemrana, District Kotputli Behror, Presently Residing At 31 D/151 Molarbandh Extension Delhi 6. Omprakash S/o Mangalram, R/o Mandhan, Tehsil Neemrana, District Kotputli Behror, Raj. (Deceased) 6/1. Rajbala, Wife of Omprakash 6/2. Usha, Daughter of Omprakash 6/3. Asha, Daughter of Omprakash 6/4. Manju, Daughter of Omprakash 6/5. Leena, Daughter of Omprakash 6/6. Muskan, Aged About 21 Years, Daughter of Omprakash 6/7. Khushi, Aged About 16 Years, Daughter of Omprakash, Minor 6/8. Piyush, Aged About 14 Years, Daughter of Omprakash Minor Guardian Mother Herself 7. Lal Bahadur S/o Jagdish Prasad, Resident of Majri Kalan, Tehsil Neemrana, District Kotputli Behror, Raj. 8. Shriram S/o Shri Phoolsingh, Resident of Madhosinghpura, Tehsil Neemrana, Raj. ----Respondents For Appellant(s) : Ms. Harshita Sharma For Respondent(s) : Mr. M.M. Ranjan, Sr. Adv. assisted by Mr. Rohan Agarwal HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/11/2025 1. This is plaintiff’s first appeal against dismissal of his civil suit for specific performance vide judgment dated 29.10.2024 passed in Civil Suit No. 14/2014 by the Court of Additional District Judge No.2, Behror, District Alwar. [2025:RJ-JP:44697] (3 of 3) [CFA-1309/2024] 2. Counsel appearing on behalf of appellant, having instructions from appellant, who is present in person before this Court and has been identified by the counsel for appellant, seeks permission to withdraw this first appeal and makes a prayer to refund the Court fees. 3. Learned Senior 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 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. 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 NITIN /59