Karnataka High Court
Civil Procedure and EvidenceCivil Law

The appeal was disposed of as withdrawn after the appellant confirmed a conscious decision to withdraw.

SRI DINESH BHAT vs SRI R MANOHAR RAO

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
The appeal was disposed of as withdrawn after the appellant confirmed a conscious decision to withdraw.. SRI DINESH BHAT vs SRI R MANOHAR RAO. 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, 1908.

Source reference: p.5

At the hearing, appellant’s counsel sought to withdraw the appeal and submitted that the appellant had made a conscious decision to do so.

Source reference: p.6

The GPA holder had signed the withdrawal memo.

Source reference: p.6
02

Issues

1. Whether the appeal should be disposed of as withdrawn on the basis of the appellant’s memo and counsel’s submission

Source reference: p.6

2. Whether any pending interlocutory applications should be disposed of following withdrawal of the appeal

Source reference: p.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 cite or discuss any other statutory provision, precedent, or substantive legal doctrine governing withdrawal; it records the appellant’s request and disposes of the appeal accordingly.

Source reference: pp.6–7
04

Reasoning

The Court recorded that the GPA holder had signed the withdrawal memo and that counsel confirmed the decision was conscious, adding that the appellant would not seek review or modification of the withdrawal order.

Source reference: p.6

On that basis, the Court accepted the memo and disposed of the appeal as withdrawn.

Source reference: p.6

As a consequence, it also disposed of any pending interlocutory applications.

Source reference: pp.6–7
05

Holding

The appeal was disposed of as withdrawn

all pending interlocutory applications, if any, were also disposed of

Source reference: pp.6–7
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 DINESH BHATvsSRI R MANOHAR RAO

Karnataka High Court · September 28, 2026

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