Court disposes of appeal as withdrawn upon appellant’s conscious decision.

The appellant brought this Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

Through her GPA holder, she filed a memo seeking withdrawal of the appeal.

Her counsel submitted that the decision to withdraw was conscious; the GPA holder had signed the memo and stated that he would not seek review or modification of the order disposing of the appeal.

1. Whether the appeal should be disposed of as withdrawn on the basis of the appellant’s memo and the submissions made on her behalf

2. Whether any pending interlocutory applications should be disposed of consequentially upon withdrawal of the appeal

The appeal was brought under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, which provides the procedural basis for a first appeal from an original decree.

The judgment cites no substantive legal rule, precedent, or separate statutory provision governing withdrawal; it records the appellant’s memo and the court’s acceptance of the request to withdraw.

The court recorded that the appellant’s counsel sought disposal of the appeal as withdrawn and that the GPA holder had signed the withdrawal memo.

After being queried, the GPA holder confirmed that the decision was conscious and stated that he would not seek review or modification of the disposal order.

The court placed the memo and oral submissions on record and disposed of the appeal as withdrawn, without examining its merits.

All pending interlocutory applications, if any, were also disposed of.