Karnataka High Court
Civil Procedure and EvidenceCivil Law

Appeal is disposed of as withdrawn upon the appellant’s conscious decision.

SMT ANITHA M BHAT vs SRI K K RAGHAVAN

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
Appeal is disposed of as withdrawn upon the appellant’s conscious decision.. SMT ANITHA M BHAT vs SRI K K RAGHAVAN. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant challenged a trial-court decree by filing 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 submitted a memo seeking withdrawal of the appeal.

Source reference: p.6

The appellant’s GPA holder, who had signed the memo, confirmed that the decision to withdraw was conscious and that no review or modification of the withdrawal order would be sought.

Source reference: p.6
02

Issues

1. Whether the appeal should be disposed of as withdrawn on the basis of the memo and submissions made for the appellant.

Source reference: p.6–7

2. Whether any pending interlocutory applications should be disposed of 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 any substantive legal doctrine, precedent, or separate statutory test governing withdrawal; it records the appellant’s request and the Court’s order disposing of the appeal as withdrawn.

Source reference: p.6–7
04

Reasoning

The Court recorded that counsel had filed a withdrawal memo and that the GPA holder had signed it and confirmed the decision was conscious.

Source reference: p.6

On that basis, the Court accepted the request and placed the oral submissions and memo on record.

Source reference: p.7

As the appeal was withdrawn, it also disposed of any pending interlocutory applications.

Source reference: p.7
05

Holding

The Karnataka High Court disposed of the appeal as withdrawn.

The Karnataka High Court directed that all pending interlocutory applications, if any, also 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

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SMT ANITHA M BHATvsSRI K K RAGHAVAN

Karnataka High Court · September 28, 2026

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