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2026 DAILYLAW 13779 (RAJ)

SH. SADHU RAM S/O SH. PRABHATI LAL v. SMT. MANBHARI DEVI W/O LATE SH. LAKSHMINARAYAN

CFA/336/2022 · 2026-08-12

Maneesh Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:31876] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 336/2022 CNR: RJHC020463432022 | URN: CFA / 602U / 2022 Sh. Sadhu Ram S/o Sh. Prabhati Lal, Aged About 43 Years, R/o Gram Anantpura (Jaitpura) Teh. Chomu, District -Jaipur. ----Appellant Versus 1 Smt. Manbhari Devi W/o Late Sh. Lakshminarayan, R/o Radhaswami Bagh Jaitpura, Teh. Chomu, District-Jaipur. 2 Sh. Pooran S/o Late Sh. Lakshminarayan, R/o Rad- haswami Bagh Jaitpura, Teh. Chomu, District-Jaipur. 3 Sh. Ramesh S/o Late Sh. Lakshminarayan, R/o Rad- haswami Bagh Jaitpura, Teh. Chomu, District-Jaipur. 4 Deputy Registrar, Office Of Deputy Registrar, Chomu, Dis- trict Jaipur. 5 District Judge, Jaipur Distt. Jaipur. ----Respondents For Appellant(s) : Mr. Dhruv Tailor, Mr. Sunil Upple For Respondent(s) : Mr. Yogesh Pujari HON'BLE MR. JUSTICE MANEESH SHARMA Order 12/08/2026 In IA No.1/2026: 1. Matter comes up on an application (IA No.1/2026) filed by the appellant, seeking permission of withdrawal of the present civil first appeal on the ground of compromise arrived between the parties. 2. Learned counsel for the appellant submits that a compromise has been arrived at between the parties vide compromise deed dated 29.11.2024. Photocopy of the same has been annexed as [2026:RJ-JP:31876] (2 of 3) [CFA-336/2022] Annexure No.A/1. Therefore, learned counsel for the appellant does not wish to pursue the present first appeal and seeks permission to withdraw the same. The aforesaid fact is not disputed by learned counsel for the respondents. 3. Heard. 4. In view of the above, the application (IA No. 1/2026) is allowed. Therefore, the present first appeal is dismissed as withdrawn. 5. Accordingly, the application (IA No. 1/2026) stands disposed of. 6. The photocopy of the compromise deed dated 29.11.2024 annexed with the application as Annexure-A/1 is taken on record. In IA No.2/2026: 1. Matter comes up on an application (IA No.2/2026) filed by the appellant, seeking refund of the Court Fees of Rs.1,02,702/- under Section 65-B of the Rajasthan Court Fees and Valuation Act, 1961, on the ground of compromise arrived between the parties. 2. Learned counsel for the appellant submits that during the pendency of the present appeal, the parties have settled the pending dispute in the pious spirit of Lok Adalat. 3. In view of the above, learned counsel for the appellant prays that the court fees of Rs.1,02,702/- so paid by the appellant may kindly be refunded back to the appellant. 4. Heard. 5. For the reasons mentioned in the application, the same is allowed. [2026:RJ-JP:31876] (3 of 3) [CFA-336/2022] 6. In view of the submissions made by learned counsel for the appellant, the present first appeal is dismissed as withdrawn. Since, both the parties have settled their dispute in the pious spirit of Lok Adalat, and the appellant is entitled for the refund of the Court fees of Rs.1,02,702/- in terms of Section 65-B of the Rajasthan Court Fees and Valuation Act, 1961, and the judgment passed by Hon'ble Apex Court in the matter of High Court of Judicature at 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.1,02,702/- in favour of the appellant. 7. Accordingly, the application (IA No.2/2026) stands disposed of. 8. In view of the aforesaid discussion, the present first appeal stands dismissed as withdrawn. 9. All other pending application(s), if any, also stand disposed of. (MANEESH SHARMA),J 65/Seema 1 (2021) 3 SCC 560