Rajasthan High Court
CMAP/25/2026 of DINESH CHAND SHARMA SON OF LATE SHRI CHIRANJI LAL SHARMA, Vs SHRIMATI ASHA SHARMA WIFE OF LATE SHRI CHANDER PRAKASH, on 13 February 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 25/2026 In S.B. Civil First Appeal No. 1061/2024 Dinesh Chand Sharma Son of Late Shri Chiranji Lal Sharma, Aged About 54 Years, Resident of Tambe Ki Tori, Karauli, Tehsil And District Karauli (Raj.) ----Petitioner
[2026:RJ-JP:7063]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 25/2026
In
S.B. Civil First Appeal No. 1061/2024
Dinesh Chand Sharma Son of Late Shri Chiranji Lal Sharma, Aged About 54 Years, Resident of Tambe Ki Tori, Karauli, Tehsil And District Karauli (Raj.)
----Petitioner
Versus
Shrimati Asha Sharma Wife of Late Shri Chander Prakash, Aged About 56 Years, Resident of Behind Police Station Karauli, Gayatri Nagar, Karauli, Tehsil And District Karauli (Raj.)
----Respondent
For Petitioner(s)
:
Mr. Prashant Sharma
For Respondent(s)
:
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
13/02/2026
1. Instant civil miscellaneous application has been filed by appellant seeking permission to refund the Court Fee of Rs.1,47,155/- paid by him in S.B. Civil First Appeal No. 1061/2024.
2. It has, inter alia, been stated that appeal was not decided on merits and was permitted to be withdrawn in view of compromise entered into between parties, vide order dated 04.11.2025.
3. Since appellant has withdrawn the first appeal, hence, in view of the judgment passed by the Hon'ble Supreme Court in case of High Court of Judicature at Madras Vs. M.C. Subramaniam & Ors. [(2021) 3 SCC 560] the Court Fee paid by appellant in present first appeal be refunded.
4. In view of above, application is allowed.
5. Registrar (Judicial) is directed to do the needful to refund the Court Fee paid by appellant. (SUDESH BANSAL),J PUNEET KUMAR /1