HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 3430/2017

Mohan Lal S/o Kanhaiya Lal Bairawa, B/c Bairawa, Sangrampura,

Teh. Sawai Madhopur

----Appellant

Versus

1.

Smt. Sarveen W/o Noushad, B/c Musalman, Jetpur, Teh.

Khandar, Distt. Sawai Madhopur

2.

Smt. Femida W/o Jabbar Khan B/c Musalman, Jetpur,

Teh. Khandar, Distt. Sawai Madhopur

3.

Mukesh S/o Heera Nath, Peelawa Nadi, Police Station

Malarana Doongar Presently Reside At Chhabari Chouck,

Alampur, Sawai Madhopur

4.

Satyanarayan S/o Nathu Lal B/c Gurjar, Alanpur, Sawai

Madhopur

----Respondents

For Appellant(s)

:

Mr. Amit Jindal, Adv. on behalf of

Mr. Ashindra Gautam, Adv.

For Respondent(s)

:

None present

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

04/01/2023

Matter comes up on an application (IA No.1/2022) for

disposal of the appeal on the basis of compromise arrived at

between the parties and for issuing direction to the Tribunal to

refund Rs.25,000/- to the appellant, which was deposited by him

as a pre-requisite condition to file the appeal.

Learned counsel for the appellant submits that during the

pendency of the appeal, the matter has been settled and both the

parties i.e. appellant and claimant No.1 have arrived at a

compromise. He has submitted the compromise dated 14.10.2020

(2 of 2)

[CMA-3430/2017]

as annexure A/1 alongwith the application. So, the appellant

wants to withdraw the appeal. He prays that the concerned

Tribunal be directed to refund Rs.25,000/- to the appellant which

was deposited by him as a pre-requisite condition to file the

appeal.

For the reasons mentioned in the application, same is

allowed. The appeal is dismissed as withdrawn. The concerned

Tribunal is directed to refund Rs.25,000/- to the appellant which

was deposited by him as a pre-requisite condition to file the

appeal.

Consequent upon, the dismissal of the appeal, the stay

application also stands disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Seema/31