Facts
The appellants (Vasudev and two others) filed a second appeal against the respondents (Dhanurjai and seventeen others) before the High Court of Chhattisgarh
Source reference: p. 1-4During the hearing on March 23, 2026, the counsel for the appellants submitted an application to withdraw the appeal
Source reference: p. 4, para. 1The ground for withdrawal was that the parties involved in the litigation had reached an amicable settlement regarding the underlying dispute
Source reference: p. 4, para. 1Issues
Whether the appellants should be permitted to withdraw the second appeal in light of an out-of-court settlement between the parties
Source reference: p. 4-5, para. 1-2Law Applied
The court applied the procedural principle regarding the voluntary withdrawal of an appeal by an appellant.
Source reference: no citationWhile the judgment does not explicitly cite the statute, this is governed by Order XXIII, Rule 1 of the Code of Civil Procedure, 1908 (read with Section 107), which allows a plaintiff or appellant to abandon their suit or appeal, particularly when a compromise or settlement has been reached between the parties
Source reference: no citationReasoning
The Court took into consideration the statement made by the learned counsel for the appellants, who sought permission to withdraw the matter because the dispute had been settled amicably
Source reference: p. 4, para. 1Finding the submission valid and noting the consensus between the parties to end the litigation, the Court determined that the appeal did not require further adjudication on its merits
Source reference: p. 5, para. 2Holding
The Court granted the request for withdrawal and dismissed the appeal as withdrawn
No further relief or directions were issued
Source reference: p. 5, para. 2Original Court PDF
VasudevvsDhanurjai
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