Karnataka High Court
Civil Procedure and EvidenceCivil Law

A first appeal may be disposed of as withdrawn upon the appellant’s conscious decision.

SRI ARUN DEVARU BHAT vs SRI S JAYSHANKAR

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
A first appeal may be disposed of as withdrawn upon the appellant’s conscious decision.. SRI ARUN DEVARU BHAT vs SRI S JAYSHANKAR. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant brought a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

Source reference: p. 5

At the hearing, the appellant’s counsel stated that a memo seeking withdrawal had been filed and signed by the appellant’s GPA holder. The GPA holder appeared in person and was identified by counsel; counsel confirmed that withdrawal was a conscious decision and that the appellant would not seek review or modification of the resulting order.

Source reference: p. 6
02

Issues

1. Whether the appellant’s request to withdraw the appeal should be accepted.

Source reference: p. 6

2. Whether any pending interlocutory applications required separate disposal following withdrawal of the appeal.

Source reference: p. 7
03

Law Applied

The appeal was brought under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

Source reference: p. 5

The judgment does not identify or discuss a statutory provision governing withdrawal of the appeal, cite precedent, or state a broader legal test for accepting withdrawal.

Source reference: no citation
04

Reasoning

The Court recorded the withdrawal memo and counsel’s confirmation that the appellant had made a conscious decision to withdraw.

Source reference: p. 6

The GPA holder’s appearance and identification by counsel further accompanied the request. On that basis, the Court accepted the withdrawal; it did not determine the merits of the underlying dispute.

Source reference: p. 6
05

Holding

The appeal was disposed of as withdrawn.

The Court also disposed of all pending interlocutory applications, if any.

Source reference: pp. 6–7
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Karnataka High Court

Original Court PDF

SRI ARUN DEVARU BHATvsSRI S JAYSHANKAR

Karnataka High Court · September 28, 2026

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