Rajendra Bhandari vs Kartik Udhyog on 18 September, 2008

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         S.B. CIVIL FIRST APPEAL NO.3216/2007 DR(J)
                       Rajendra Bhandari
                               Vs.
                         Kartik Udhyog

                 DATE OF ORDER :: 18-09-2008

         HON'BLE MR. JUSTICE DINESH MAHESHWARI

Mr. Ramit Mehta, for the appellant.
                               ....


      This first appeal has been preferred against the judgment and

decree dated 20.09.2005 as passed by the Additional District Judge

(Fast Track) No.2, Jodhpur in Civil Suit No.388/2003 whereby the

suit for specific performance as filed by the plaintiff-respondent was

decreed. This appeal by the defendant-appellant is reported to be

barred by limitation by one day.

      Today, though the matter is listed before the Court from the

defects side, counsel for the appellant has moved an application (IA

No.12922/08) seeking permission for withdrawal. It is stated that

after passing of the decree aforesaid, the parties have arrived at

compromise and the dispute has been mutually resolved. The

appellant seeks permission to withdraw; and it is also prayed that for

the appeal having not been admitted, the amount of court fees of

Rs.30,066/- as paid by the appellant may be ordered to be refunded.

      This appeal was filed as back as on 10.01.2006 and has

remained pending in the defects side all this time. In view of the

submissions as made in the application, it appears appropriate to

permit the appellant to withdraw.
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      Further, looking to the substantial amount of court fees paid by

the appellant in the sum of Rs. 30,066/- and having regard to the

surrounding circumstances that before any other proceedings in this

appeal the parties are stated to have settled out, this Court is of

opinion that it shall be appropriate and the interest of justice shall be

served if 75% of the amount of court fees as paid by the appellant is

ordered to be refunded.

      Accordingly, the application (IA No.12922/08) is allowed to the

extent indicated above; the appellant is permitted to withdraw; and

the appeal is dismissed as withdrawn. 75% of the amount of court

fees paid in this appeal may be refunded to the appellant.



                                          [DINESH MAHESHWARI],J.

Praveen