Karnataka High Court
Civil Procedure and EvidenceCivil Law

The appeal was disposed of as withdrawn following the appellant’s conscious decision.

SMT CHETANA S PANDITH vs SRI R JAIPINTO

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
The appeal was disposed of as withdrawn following the appellant’s conscious decision.. SMT CHETANA S PANDITH vs SRI R JAIPINTO. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant had 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, counsel submitted that the appellant had filed a memo seeking withdrawal of the appeal, signed by the appellant’s GPA holder.

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 withdrawal order.

Source reference: p. 6

The Court recorded the oral submission and memo.

Source reference: p. 7
02

Issues

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 Whether the appeal should be disposed of as withdrawn on the basis of the appellant’s memo and counsel’s submission that the decision was conscious.

Source reference: p. 6–7

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 brought under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

Source reference: p. 6

The judgment does not cite any separate statutory provision, precedent, or substantive legal doctrine governing withdrawal; the Court proceeded on the appellant’s stated conscious decision to withdraw the appeal.

Source reference: p. 6–7
04

Reasoning

The Court accepted counsel’s submission that the withdrawal memo had been signed by the appellant’s GPA holder and that the decision to withdraw was conscious.

Source reference: p. 6–7

On that basis, it placed the memo and oral submission on record and disposed of the appeal as withdrawn.

Source reference: p. 6–7

Since the appeal was withdrawn, the Court also disposed of all pending interlocutory applications, if any.

Source reference: p. 7
05

Holding

The Karnataka High Court disposed of the appeal as withdrawn.

The Court ordered that all pending interlocutory applications, if any, also stood 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

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SMT CHETANA S PANDITHvsSRI R JAIPINTO

Karnataka High Court · September 28, 2026

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