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Judgment
Learned counsel for the appellant has filed an application No.1255/2017 for seeking leave to withdraw the present appeal and also for refund of the Court fee.
It is submitted by learned counsel for the appellant that the parties of the appeal with inspiration of the spirit of Lok Adalat have amicably settled the dispute and in pursuance of that settlement, the present appellant-defendant executed the sale-deed in favour of respondent/plaintiff in compliance of judgment and decree dated 08.04.1994. Now nothing remains in this appeal. It is prayed that this appeal may be dismissed as withdrawn and in the interest of justice, the amount of Court fee paid in respect of this appeal by the appellant may be directed to be refunded.
It is to be noticed that a specific provision in this regard has already been incorporated for the refund of the Court fee by inserting a new Section 65B in the Rajasthan Court Fees and Suits Valuation Act, 1961 which reads as under:-
"65-B. Refund of Fee.- Where the Court refers the parties to a suit to any one of the mode of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 (Central Act No.5) of 1908) and the matter is settled by one of the modes provided under Section 89 of the Code of Civil Procedure, the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the Collector, the full amount of the fee paid in respect of such plaint."
Accordingly, the application is allowed. The appeal is dismissed as withdrawn. A certificate may be issued to the appellants authorising them to receive back from the Collector (Stamp), the full amount of fee paid in respect of the present appeal i.e. Rs.2865/-.