Karnataka High Court
Civil Procedure and EvidenceCivil Law

Appeal disposed of as withdrawn upon the appellant’s conscious decision.

SRI SRIDHAR S BHAT vs SRI B KRISHNAPPA

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
Appeal disposed of as withdrawn upon the appellant’s conscious decision.. SRI SRIDHAR S BHAT vs SRI B KRISHNAPPA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant challenged a decree in 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 had been filed seeking withdrawal of the appeal.

Source reference: p.6

The appellant was represented by a GPA holder who had signed the memo; counsel confirmed that withdrawal was a conscious decision and that the appellant would not seek review or modification of the order

Source reference: p.6
02

Issues

1. Whether the appeal should be disposed of as withdrawn on the basis of the memo and the appellant’s stated conscious decision

Source reference: p.6

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

Source reference: p.7
03

Law Applied

The appeal was instituted 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 apply any substantive legal rule or precedent concerning withdrawal of appeals; the Court acted on the withdrawal memo and counsel’s submission confirming the appellant’s decision

Source reference: p.6
04

Reasoning

The Court recorded that the appellant’s GPA holder had signed the withdrawal memo and that counsel confirmed the decision was conscious, with no intention to seek review or modification of the resulting order

Source reference: p.6

Accepting the memo and oral submission, the Court disposed of the appeal as withdrawn; consequently, it also disposed of any pending interlocutory applications

Source reference: pp.6–7
05

Holding

The Court accepted the withdrawal memo and disposed of the regular first appeal as withdrawn

All pending interlocutory applications, if any, were also disposed of

Source reference: p.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 SRIDHAR S BHATvsSRI B KRISHNAPPA

Karnataka High Court · September 28, 2026

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