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.5At the hearing, the appellant’s counsel submitted a memo seeking withdrawal of the appeal.
Source reference: p.6The 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.6Issues
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 Whether the appeal should be disposed of as withdrawn on the basis of the memo and submissions made for the appellant.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.6–72. Whether any pending interlocutory applications should be disposed of 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 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test governing withdrawal; it records the appellant’s request and the Court’s order disposing of the appeal as withdrawn.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.6–7Reasoning
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.6On that basis, the Court accepted the request and placed the oral submissions and memo on record.
Source reference: p.7As the appeal was withdrawn, it also disposed of any pending interlocutory applications.
Source reference: p.7Holding
The Karnataka High Court disposed of the appeal as withdrawn.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.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
SMT ANITHA M BHATvsSRI K K RAGHAVAN
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