Karnataka High Court
Civil Procedure and EvidenceCivil Law

The appeal was disposed of as withdrawn after the appellant confirmed a conscious decision.

SRI S N KRISHNA MURTHY vs SRI D VENKATEGOWDA

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
The appeal was disposed of as withdrawn after the appellant confirmed a conscious decision.. SRI S N KRISHNA MURTHY vs SRI D VENKATEGOWDA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, represented by his GPA holder, sought withdrawal of the regular first appeal by memo.

Source reference: p.6

Counsel confirmed that the decision to withdraw was conscious and that the appellant would not seek review or modification of the order.

Source reference: p.6

The GPA holder had signed the memo.

Source reference: p.6
02

Issues

Whether the appeal should be disposed of as withdrawn on the basis of the memo and the appellant’s stated conscious decision.

Source reference: p.6–7
03

Law Applied

The appeal was filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

Source reference: p.5

The judgment does not discuss any substantive legal rule, precedent, or specific provision governing withdrawal; it records the Court’s acceptance of the withdrawal request.

Source reference: no citation
04

Reasoning

Counsel placed the withdrawal memo on record and confirmed that the appellant had consciously decided to withdraw the appeal.

Source reference: p.6–7

The GPA holder had signed the memo, and counsel stated that the appellant would not seek review or modification of the resulting order.

Source reference: p.6–7

On that basis, the Court accepted the request without examining the merits of the appeal.

Source reference: p.6–7
05

Holding

The Court disposed of the appeal as withdrawn.

The Court directed that any pending interlocutory applications also stand disposed of.

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 S N KRISHNA MURTHYvsSRI D VENKATEGOWDA

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