1 2025:CGHC:60993-DB NAFR NATIONAL LOK ADALAT HIGH COURT OF CHHATTISGARH, BILASPUR Judge- Lok Adalat : Hon’ble Shri Arvind Kumar Verma, Member -Lok Adalat : Shri Sunil Otwani, Senior Advocate FA No. 96 of 2021 1 - Smt. Seema Rajput W/o Vijay Singh Rajput Aged About 35 Years Occupation Housewife, R/o Behind Bhola Garage, Sidharth Chowk, Tikrapara, Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Vijay Singh Rajput S/o Late Anil Singh Rajput Aged About 40 Years Occupation Service In Nagar Nigam, Raipur, R/o Behind Bhola Garage, Sidharth Chowk, Tikrapara, Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Appellant(s) versus 1 - Smt. Radha Devi Thakur Wd/o Late Anil Singh Rajput Aged About 70 Years Occupation Housewife, R/o Behind Bhola Garage, Sidharth Chowk, Tikrapara, Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Rajesh Yadav S/o Late Shukhram Yadav Aged About 35 Years Occupation Driver, R/o Behind Bhola Garage, Sidharth Chowk, Tikrapara, Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 3 - State Of Chhattisgarh Through Collector, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Appellant(s) : Appellants appeared in person and identified by Mr. Hemant Gupta, Advocate For Respondent(s) : Smt. Radha Devi Thakur appeared in person and identified by Mr. Hemant Gupta, Advocate AWARD (Passed On 13.12.2025) 1. The contesting parties to this appeal have amicably settled/compromised the dispute which is subject matter of the appeal, voluntarily. We have also found that the terms and conditions of compromise/settlement arrived at between the contesting parties are just, proper and legal. There is no legal impediment to compromise and hence are acceptable. 2. The parties were directed to appear before the Additional Registrar (Judicial) to record their statements in respect of the settlement between the parties. The perusal of the statements shows that during the pendency of the appeal, the parties have settled their dispute amicably and respondent no. 1 deposed that she has received a consideration amount of Rs. 27,72,000/- from the appellant no. 1 and the appellants have deposed that they will take care of the respondent no. 1 during her entire lifetime. 3. We accordingly accept the compromise/settlement proposed by the parties. Since the parties have settled their dispute amicably and the consideration amount has already been received by the 3 respondent no. 1, therefore, the judgment and decree dated 25.08.2021 passed in Civil Suit No. 46A/2019 by First Additional District Judge Raipur, District- Raipur (C.G.) is hereby set-aside. 4. The appellants sought refund of Court fee under Section 16 of the Court Fee Act in the light of compromise entered into between the parties during pendency of the present appeal and in the light of the order passed by the Punjab and Haryana High Court in Pradeep Sonawat Vs. Satish Prakash @ Satish Chandra, 2015(1) RCR (Civil) 955 (P& H) would submit that Section 89 of CPC would apply even in cases of counter claims in suits and also in appeals, counter objections and counter appeals and benefit of Section 16 of the Court Fee Act is available to the appellant in appeal in case of settlement irrespective of fact whether it was before the Lok Adalat or otherwise. 5. In view of the aforesaid, we deem it appropriate to accept the prayer for withdrawal of the appeal on the basis of compromise and also hold that the appellants are entitled for the refund of the Court fee under Section 16 of the Court Fee Act. Needful be done by the Registry. Sd/- Sd/- (Arvind Kumar Verma) (Sunil Otwani) Judge -Lok Adalat Member – Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Madhurima