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High Court of Himachal Pradesh · body

2026 DAILYLAW 6068 (HP)

ANU SHARMA v. RAJ KUMAR GARG AND ORS

CS/36/2025 · 2026-01-02

Sushil Kukreja

body2026

Judgment text

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1 ( 2026:HHC:425 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Suit No. 36 of 2025 Decided on: 02.01.2026 ________________________________________________ Anu Sharma ....Plaintiff Versus Raj Kumar Garg & Ors. …Defendants _ Coram The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the plaintiff : Mr. N.K. Bhalla and Ms. Chehak Bhalla, Advocates. For the defendants : Mr. Raman Jamalta and Mr. Abhinav M. Goel, Advocates, for defendants No. 1& 2. Mr. Kishore Pundeer, Advocate, for defendants No. 3 & 4. Sushil Kukreja, Judge (oral) Learned counsel for the plaintiff stated that the parties have compromised the matter and he seeks permission of this Court to withdraw the present suit, being compromised. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 ( 2026:HHC:425 ) 2. Learned counsel for the defendants have no objection if the suit is permitted to be withdrawn. 3. Consequently, the suit of the plaintiff is dismissed, as withdrawn. The Court fee, as permissible under the Rules, be refunded to the plaintiff. 4. Interim order passed by this Court vide order dated 07.08.2025 stands vacated. OMP No. 1075/2025 The present application under Section 151 CPC has been filed by the applicant/plaintiff for refund of the excess Court fee. As per the applicant, due to arithmetical mistake, the Court fee was wrongly calculated at Rs. 12,08,150/-, whereas, the applicant was required to affix Court fee of Rs. 5,37,820/- only. The application is duly supported by an affidavit of the applicant. 2. In view of the averments made in the application, the Registry is directed to calculate the amount of Court fee which was to be affixed by the applicant/plaintiff and if any excess Court fee has been affixed by the applicant/plaintiff, the same shall be refunded to her. 3 ( 2026:HHC:425 ) The application stands disposed of. ( Sushil Kukreja ) 2nd January, 2026 Judge (raman)