The appeal is disposed of as withdrawn following the appellant’s conscious decision.

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

At the hearing, the appellant’s counsel submitted that a memo had been filed seeking withdrawal of the appeal. The appellant’s GPA holder had signed the memo and confirmed that the decision to withdraw was conscious

1. Whether the appeal could be disposed of as withdrawn on the basis of the filed memo and the appellant’s stated conscious decision

The judgment identifies Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, as the provisions under which the appeal was filed

It does not discuss a statutory provision or precedent governing withdrawal of the appeal, nor does it state a broader rule of law on withdrawal

The Court recorded counsel’s submission that the appellant had consciously decided to withdraw the appeal and that the GPA holder had signed the memo. The GPA holder appeared in person and was identified by counsel; counsel also stated that the appellant would not seek review or modification of the withdrawal order

In light of those submissions, the Court placed the memo and oral submissions on record and allowed the appeal to be withdrawn

any pending interlocutory applications also stood disposed of