Chander Bhan v. Mayank & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM No.14073-C of 2023 in/and RSA No.6532 of 2016 (O&M) Chander Bhan ......Applicant-appellant

Versus

Mayank and Ors .....Respondents Date of Decision: 09.01.2024 CORAM: HON'BLE MR. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Rose Gupta, Advocate & Ms. Hardeep Kaur, Advocate for the applicant-appellant. SUDEEPTI SHARMA, J CM No.14073-C of 2023 & CM No.14074-C of 2023 By way of filing these applications, appellant seeks revival of the appeal, which was disposed of vide order dated 20.03.2023 by this Court, in view of compromise deed dated 21.07.2020 so as to enable him to seek refund of court fee.

Notice of the application.

Sh. Kulwant Singh, Advocate and Mr. Manoj Chahal, Advocate put in appearance for respondent No.1 and for LR of respondent No.2 respectively.

It is pleaded that inadvertently, the appellant could not file application seeking refund of the court fee.

For the reasons recorded in the application, which is supported by an affidavit, the prayer is allowed to the extent that the court fee amounting to Rs.12592/- as also Rs.61,050/- affixed by the appellant shall be refunded, in accordance with law.

CM No.14045-C of 2023 Through the instant application, appellant has invoked the provisions of Order 23 Rule 1 CPC seeking withdrawal of the main appeal. MANOJ KUMAR 2024.01.10 22:46

It is pleaded that the matter has already been compromised between the parties.

Heard.

In view of aforesaid, present application bearing CM No.14045C of 2023 is allowed and the main appeal bearing RSA No.3898 of 2016 is dismissed as withdrawn.

January 09, 2024 (Sudeepti Sharma) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2024.01.10 22:46