Karnataka High Court
Civil Procedure and EvidenceCivil Law

The Appeal Is Disposed of as Withdrawn Following the Appellant’s Conscious Decision

SRI KRISHNA SHANKAR BHAT vs SRI S MALLIKA

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
The Appeal Is Disposed of as Withdrawn Following the Appellant’s Conscious Decision. SRI KRISHNA SHANKAR BHAT vs SRI S MALLIKA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, represented by his General Power of Attorney holder, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure

Source reference: p.5

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

Source reference: p.6

The Court recorded the oral submission and memo

Source reference: p.7
02

Issues

Whether the appeal should be disposed of as withdrawn pursuant to the appellant’s memo and submission

Source reference: p.6–7

Whether any pending interlocutory applications required separate orders upon disposal 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

Source reference: p.5

The judgment does not discuss or apply any substantive statutory provision, precedent, or articulated doctrine governing withdrawal; it records the appellant’s request and disposes of the appeal accordingly

Source reference: p.6–7
04

Reasoning

The Court noted that the GPA holder had signed the withdrawal memo and confirmed that the decision to withdraw was conscious

Source reference: p.6

Having placed the oral submission and memo on record, the Court accepted the request and disposed of the appeal as withdrawn

Source reference: p.7

It did not address the merits of the underlying dispute.

Source reference: no citation
05

Holding

The appeal was disposed of as withdrawn.

All pending interlocutory applications, if any, were also disposed of as a consequence

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

Original Court PDF

SRI KRISHNA SHANKAR BHATvsSRI S MALLIKA

Karnataka High Court · September 28, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment