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.5At 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.6The GPA holder had signed the withdrawal memo.
Source reference: p.6Issues
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 Whether the appeal should be disposed of as withdrawn on the basis of the appellant’s memo and counsel’s submission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.62. Whether any pending interlocutory applications should be disposed of following withdrawal of the appeal
Source reference: p.7Law Applied
The appeal was filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.
Source reference: p.5The 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.6–7Reasoning
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Source reference: p.6On that basis, the Court accepted the memo and disposed of the appeal as withdrawn.
Source reference: p.6As a consequence, it also disposed of any pending interlocutory applications.
Source reference: pp.6–7Holding
The appeal was disposed of as withdrawn
all pending interlocutory applications, if any, were also disposed of
Source reference: pp.6–7Acts & 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 DINESH BHATvsSRI R MANOHAR RAO
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