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.5At 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.6The Court recorded the oral submission and memo
Source reference: p.7Issues
Whether the appeal should be disposed of as withdrawn pursuant to the appellant’s memo and submission
Source reference: p.6–7Whether any pending interlocutory applications required separate orders upon disposal 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
Source reference: p.5The 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.6–7Reasoning
The Court noted that the GPA holder had signed the withdrawal memo and confirmed that the decision to withdraw was conscious
Source reference: p.6Having placed the oral submission and memo on record, the Court accepted the request and disposed of the appeal as withdrawn
Source reference: p.7It did not address the merits of the underlying dispute.
Source reference: no citationHolding
The appeal was disposed of as withdrawn.
All pending interlocutory applications, if any, were also disposed of as a consequence
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
SRI KRISHNA SHANKAR BHATvsSRI S MALLIKA
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