Mustfa Etc. v. Krishna Devi

    
   
 
 RSA3082019(O&M) Date of Decision:13.01.2020 Mustfa and another !..Appellants

Versus

Smt. Krishna Devi @ Krishna Rani ...

Respondent 
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Present:

Mr. S.S. Nain, Advocate, for the appellants.

Mr. Shubashish Kukreti, Advocate, for the respondent. *****  
% $ Present regular second appeal has been preferred against the impugned judgment and decree dated 10.09.2018, whereby the Ist appeal of the appellants/plaintiffs was dismissed; whereas crossappeal filed by the respondent/defendant was partly allowed and the judgment and decree dated 17.11.2015 passed by learned Civil Judge (Senior Division), Ambala for refund of earnest money of Rs.3,75,000/ was set aside, further injunction issued to respondent/defendant restraining her from dispossessing the appellants/plaintiffs from the land in dispute was affirmed. This Court on 13.03.2019, passed the following order:
   



                           

  



   

                          

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 + In compliance of the above order, parties appeared before the Mediation and Conciliation Centre of this Court and settled the matter on 07.05.2019, and the relevant part of the settlement reads as under: + ,   -

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      *      * - /0 "The plaintiff/ appellantMustfa etc. will pay an amount of R.3,50,000/ (Rupees Three Lakh and Fifty Thousand) to the defendant/respondent as full and final payment of the Plot/property in dispute within a period of 3 months in two incitements. First installment of Rs.50,000/ will be paid on 07.05.2019 on the next date of mediation and the balance amount of Rs.3,00,000/ will be paid on or before 31.07.2019. On receipt of full and final payment the defendant/ respondent will be bound to execute the sale

  deed in favour of the plaintiffs/ appellants or any other person of their choice."

In pursuance of the above settlement, the sale deed has also been executed between the parties and the same is duly acknowledged by both sides before this Court. In view of the above factual position, learned counsel for the appellants states that the present appeal has been rendered infructuous, however, he prayed for refund of the Court fee. Since the appeal is being withdrawn without any contest on the basis of amicable settlement arrived at between the parties, in terms of Section 89 of the Code of Civil Procedure, 1908, therefore, this Court deems it appropriate to refund the Court fee affixed on the Memorandum of Appeal.

Consequently, Registry is directed to issue the requisite certificate in terms of Section 16 of the Court Fees Act, 1870, in favour of the appellant.

In view of the above, the present appeal is disposed off as having been rendered infructuous, subject to the observations made above.

  
     January 13, 2020 



 Whether speaking/reasoned yes/no Whether reportable?

yes/no