JUDGMENT

1. I.A. No. 2413/2023 has been filed for modification of the order dated 31.1.2023 passed in the present appeal.

2. It is submitted by the counsel for the appellant that the appellant had withdrawn the appeal on the specific ground that the matter has been amicably settled out of the Court between the parties, accordingly, it is submitted that the appellant is entitled for refund of Court fees amounting to Rs.1,50,000/- deposited with the Registry of this Court. This Court while permitting the withdrawal of the appeal has not made any observation with regard to refund of the Court fees. The counsel for the appellant has also relied upon the judgment passed by the Coordinate Bench of this Court in the case of Dayaram v. Smt. Laxmi Agrawal, passed in F.A. No.222/2015 decided on 20th of September, 2022.

3. Heard learned counsel for the appellant.

4. I.A. No. 15231/2022 was filed seeking permission to withdraw the appeal with a specific averments that during the pendency of the appeal, the parties held consultations and have arrived at a mutual compromise by way of a settlement and in light of the said settlement, the appellant does not wish to prosecute the instant appeal and