Karnataka High Court
Civil Procedure and EvidenceCivil Law

The appeal was disposed of as withdrawn after the appellants’ conscious decision.

SRI VASANTHA M HEGDE vs SRI B ANJANEYALU

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
The appeal was disposed of as withdrawn after the appellants’ conscious decision.. SRI VASANTHA M HEGDE vs SRI B ANJANEYALU. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellants filed a regular first appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908

Source reference: p.6

At the hearing, their counsel informed the Court that the appellants, represented by their GPA holder, had filed a signed memo seeking withdrawal of the appeal.

Source reference: p.7

The GPA holder confirmed that the withdrawal reflected a conscious decision and that he would not seek review or modification of the withdrawal order.

Source reference: p.7
02

Issues

1. Whether the appeal should be disposed of as withdrawn on the appellants’ request

Source reference: p.7

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

Source reference: p.7
03

Law Applied

The appeal was brought under Section 96 read with Order XLI Rule 1 CPC.

Source reference: p.6

The judgment does not identify or apply a separate statutory test or precedent governing withdrawal; it records the appellants’ conscious request to withdraw and disposes of the appeal on that basis.

Source reference: p.7
04

Reasoning

The Court accepted the signed withdrawal memo after hearing counsel and confirming with the GPA holder that the decision to withdraw was conscious and that no review or modification would be sought.

Source reference: p.7

Having recorded that confirmation, the Court placed the memo and oral submission on record and treated them as sufficient grounds to dispose of the appeal as withdrawn.

Source reference: p.7
05

Holding

The Court disposed of the appeal as withdrawn.

It also disposed of all pending interlocutory applications, if any, as a consequence of the appeal’s disposal.

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 VASANTHA M HEGDEvsSRI B ANJANEYALU

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