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Adringa Ram v. Legal Representatives Of Late Shri Nema Ram & Others

Adringa Ram v. Legal Representatives Of Late Shri Nema Ram & Others

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Civil First Appeal No. 167/2016 | 22-04-2022

1. Learned counsel for the appellant seeks permission to withdraw this appeal as the matter has been settled between the parties through compromise out of the Court.

2. Learned counsel for the respondents has no objection in view of the settlement arrived at between the parties.

3. Learned counsel for the appellant is permitted to withdraw this first appeal.

4. Accordingly, the instant first appeal is dismissed as withdrawn.

5. Learned counsel for the respondents submits that on account of withdrawal of this appeal, S.B. Civil Cross Objection No.21/2016 filed by him has rendered infructous.

6. Accordingly, S.B. Civil Cross Objection No.21/2016 stands disposed of.

7. Learned counsel for the appellant also prays to refund the Court fees filed by appellant with this appeal. In this regard he relied upon the judgement of Hon’ble Supreme Court in the matter of High Court of Judicature at Madras vs. M.C. Subramaniam and Ors. : (2021) 3 SCC 560.

8. In view of the law laid down by the Hon’ble Apex Court the prayer to refund the Court fees is allowed.

9. Office shall do the needful regarding the refund of Court fees filed along with this first appeal.

Advocate List
  • Amit Mehta

Bench
  • HON'BLE MR. JUSTICE RAMESHWAR VYAS
Eq Citations
  • LQ
  • LQ/RajHC/2022/4613
Head Note

Constitution of India — Art. 136 — Appeal — Withdrawal of appeal — Permissibility — Matter settled between parties through compromise out of Court — Permission to withdraw appeal granted — Appeal dismissed as withdrawn