Facts
The appellant, Ashwani Kumar Rajput, filed First Appeal No. 215 of 2018 before the High Court of Chhattisgarh against Surajbali Kashyap and other respondents, including the State of Chhattisgarh.
Source reference: para. 2–4During the pendency of the appeal, the appellant filed I.A. No. 7 of 2026 seeking withdrawal of the appeal on the ground that the parties had arrived at an amicable settlement.
Source reference: para. 2–4Learned counsel for the appearing respondents and the State stated that they had no objection to the withdrawal.
Source reference: para. 5Issues
Whether the appellant should be permitted to withdraw the pending first appeal in view of the asserted amicable settlement between the parties?
Source reference: para. 3–5Whether I.A. No. 7 of 2026 seeking withdrawal of the appeal should consequently be disposed of?
Source reference: para. 6Law Applied
The Court applied the procedural principle that an appellant may seek withdrawal of a pending appeal, and that the Court may permit such withdrawal where the request is voluntary and the contesting parties have no objection.
Source reference: para. 3–6No substantive statutory provision or judicial precedent was cited or relied upon in the order; the decision was based on the appellant’s request for withdrawal and the absence of objection from the appearing respondents and the State.
Source reference: para. 3–6Reasoning
The appellant expressly sought withdrawal of the appeal, stating that the parties had amicably settled the dispute.
Source reference: para. 3–4Since the learned counsel appearing for respondents Nos. 1, 2, 4 and 5(A) to 5(B), as well as the Deputy Advocate General for the State, raised no objection, the Court accepted the withdrawal request.
Source reference: para. 5The Court therefore did not adjudicate the merits of the underlying dispute and confined its order to disposal of the appeal and the interlocutory application.
Source reference: para. 6Holding
The High Court permitted withdrawal of First Appeal No. 215 of 2018 and dismissed the appeal as withdrawn.
Consequently, I.A. No. 7 of 2026 was disposed of.
Source reference: para. 6Original Court PDF
ASHWANI KUMAR RAJPUTvsSURAJBALI KASHYAP
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