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.5The 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.6The GPA holder appeared and confirmed the decision
Source reference: p.6Issues
1. Whether the appeal should be disposed of as withdrawn in light of the appellant’s memo and counsel’s submissions
Source reference: p.62. Whether any pending interlocutory applications required separate disposal following withdrawal of the appeal
Source reference: p.7Law Applied
The appeal was brought under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908
Source reference: p.5The 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.6Reasoning
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.6The Court accepted the submission and placed the oral statement and memo on record.
Source reference: p.6It did not examine the merits of the appeal or decide any substantive legal issue
Source reference: p.6Holding
The High Court allowed the withdrawal request and disposed of the appeal as withdrawn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.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 SRIPAD SEETHARAM GAYATHRIvsSRI M C JOSEPH
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