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.5At the hearing, the appellant’s counsel stated that a memo had been filed seeking withdrawal of the appeal.
Source reference: p.6The 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.6Issues
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 Whether the appeal should be disposed of as withdrawn on the basis of the memo and the appellant’s stated conscious decision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.62. Whether any pending interlocutory applications required separate orders following withdrawal of the appeal
Source reference: p.7Law Applied
The appeal was instituted under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908
Source reference: p.5The 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.6Reasoning
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Source reference: p.6Accepting the memo and oral submission, the Court disposed of the appeal as withdrawn; consequently, it also disposed of any pending interlocutory applications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.6–7Holding
The Court accepted the withdrawal memo and disposed of the regular first appeal as withdrawn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.7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
Original Court PDF
SRI SRIDHAR S BHATvsSRI B KRISHNAPPA
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