[2026:RJ-JP:31374] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 777/2026 CNR: RJHC020446842026 | URN: CFA / 1208U / 2026 Atmaram Son Of Nandkishor, Aged About 60 Years, Resident Of Jadawata, Tehsil And District Sawaimadhopur (Raj.). ----Appellant Versus Harimohan Son Of Prahlad, Aged About 56 Years, Resident Of Jadawata, Tehsil Sawai Madhopur, At Present Resident Of Meena Colony, Sawai Madhopur (Raj.). ----Respondent For Appellant(s) : Mr. Karanpal Singh For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 10/08/2026 1. Learned counsel for the appellant, and upon instructions from his client, seeks permission to withdraw the present civil first appeal with liberty to assail the ex-parte judgment and decree dated 11.10.2022 by filing an application under Order 9 Rule 13 of CPC before the learned Court below. 2. He further prays that the court fees so paid by the appellant may kindly be refunded back to the appellant. 3. Permission sought for is granted. 4. In view of the submissions made by learned counsel for the appellant, the present first appeal is dismissed as withdrawn with the aforesaid liberty sought for. 5. The appellant shall also be entitled for the refund of the Court fees of Rs.36,405/- in terms of the judgment passed by Hon'ble Apex Court in the matter of High Court of Judicature at [2026:RJ-JP:31374] (2 of 2) [CFA-777/2026] Madras Vs. M.C. Subramaniam & Ors.1, therefore, the Registry is directed to prepare a certificate regarding the refund of the Court fees of Rs.36,405/- in favour of the appellant. 6. The Stay Application No.2421/2026, CMCC No.1560/2026 as well as other pending applications, if any, also stand disposed of. (MANEESH SHARMA),J 54/Seema 1 (2021) 3 SCC 560