Bhiwani Parshad v. Jaspreet Singh

RSA-6485-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-6485-2018 (O&M) Date of decision: January 25, 2023 Bhiwani Parshad ....Appellant versus Jaspreet Singh ....Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. P.K.S. Phoolka, Advocate for the appellant. ***** ARUN MONGA, J. (ORAL) Having suffered concurrent adverse findings by the two Courts below, defendant is in second appeal before this Court assailing trial Court judgment and decree dated 06.07.2017, as upheld by learned First Appellate Court vide its judgment and decree dated 21.05.2018. 2.

Civil suit filed by respondent/plaintiff under Order XXXVII CPC was partly decreed with costs for recovery of Rs.3 Lakh along with interest @ 9% per annum from 14.08.2010 till the date of decree on the principal amount and @ 6% per annum as future interest from the date of decree till its realization, by both Courts below. 3.

At the outset, learned counsel appearing on behalf of the appellant states that matter has been settled between the parties. He prays for disposal of the instant second appeal, accordingly. He further relies on the Apex Court judgment rendered in Special Leave Petition (Civil) Nos.3063-3064 of 2021 titled High Court of Judicature at Madras Rep. by its Registrar General versus M.C. Subramaniam and MAHAVIR SINGH 2023.02.10 16:20 I attest to the accuracy and authenticity of this order/ judgment

 

RSA-6485-2018 (O&M) others, decided on 17.02.2021 and judgments rendered by this Court in CR-81-2014 titled Pradeep Sonawat versus Satish Prakash @ Satish Chandra and RSA-1425-2018 titled Pritam Singh versus Ashok Kumar to contend that in case parties settle their dispute irrespective of the fact whether it was before Lok Adalat or otherwise, they are entitled for refund of Court fees as per applicable Rules. 4.

In the premise, second appeal is disposed of as having been compromised. Registry to take steps to refund the admissible Court fees in accordance with law, upon an application filed along with copy of settlement/ agreement.

5.

Pending applications, if any, shall also stand disposed of. (ARUN MONGA) JUDGE January 25, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2023.02.10 16:20 I attest to the accuracy and authenticity of this order/ judgment