Karnataka High Court
Civil Procedure and EvidenceCivil Law

Appeal is disposed of as withdrawn following the appellant’s conscious decision.

SRI SRIPAD SEETHARAM GAYATHRI vs SRI M C JOSEPH

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
Appeal is disposed of as withdrawn following the appellant’s conscious decision.. SRI SRIPAD SEETHARAM GAYATHRI vs SRI M C JOSEPH. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, represented by a GPA holder, had filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908

Source reference: p.5

The appellant’s counsel submitted that the appellant had consciously decided to withdraw the appeal and had filed a signed memo to that effect.

Source reference: p.6

The GPA holder appeared and confirmed the decision

Source reference: p.6
02

Issues

1. Whether the appeal should be disposed of as withdrawn in light of the appellant’s memo and counsel’s submissions

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 discuss or apply any substantive statutory provision, precedent, or legal doctrine governing withdrawal; it records the appellant’s request and disposes of the appeal accordingly

Source reference: p.6
04

Reasoning

The Court recorded counsel’s submission that the appellant had made a conscious decision to withdraw the appeal and that the GPA holder had signed the withdrawal memo.

Source reference: p.6

The Court accepted the submission and placed the oral statement and memo on record.

Source reference: p.6

It did not examine the merits of the appeal or decide any substantive legal issue

Source reference: p.6
05

Holding

The High Court allowed the withdrawal request and disposed of the appeal as withdrawn

It further ordered that all pending interlocutory applications, if any, stood 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 SRIPAD SEETHARAM GAYATHRIvsSRI M C JOSEPH

Karnataka High Court · September 28, 2026

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