Ravinder Kumar v. Nirmal Singh

RSA 2030 of 2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA 2030 of 2019 (O&M) Date of decision : 25.4.2023.

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Ravinder Kumar ................Appellant vs.

Nirmal Singh .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Deepak Kumar, Advocate for Mr. R.S. Mamli, Advocate for the appellant.

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H. S. Madaan, J. (Oral) Learned counsel appearing for the appellant states that the matter has since been amicably settled between the parties vide written compromise Anneuxre A-1. Therefore, necessary permission be granted to the appellant to withdraw the present appeal, for the reason of the compromise between the parties. However, the court fee affixed by the appellant to the tune of Rs.1,52,020/- be refunded to him.

Learned counsel for the appellant has referred to a judgment passed by a Co-ordinate Bench of this Court, in case Surender Kumar vs. Hans Raj Mandi 2021(2) RCR (Civil) 851, wherein it has BANITA CHUGH 2023.04.27 11:34 I attest to the accuracy and integrity of this document

RSA 2030 of 2019 -2been observed that the court fee can be refunded to the parties, where compromise/settlement had taken place, even outside the court. In this case, after filing of the appeal, the case was getting adjourned for one reason or the other. Thereafter the parties have entered into a compromise.

Therefore, while the appeal is dismissed as withdrawn, as prayed, the prayer of the appellant for refund of the Court fee paid, is accepted. Registry is directed to do the needful, as per rules. ( H.S. Madaan ) 25.4.2023 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2023.04.27 11:34 I attest to the accuracy and integrity of this document