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. 6At 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. 6Counsel 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. 6The Court recorded the oral submission and memo.
Source reference: p. 7Issues
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 Whether the appeal should be disposed of as withdrawn on the basis of the appellant’s memo and counsel’s submission that the decision was conscious.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. 6–72. Whether any pending interlocutory applications should be disposed of following withdrawal of the appeal.
Source reference: p. 7Law Applied
The appeal was brought under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.
Source reference: p. 6The 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. 6–7Reasoning
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Source reference: p. 6–7On that basis, it placed the memo and oral submission on record and disposed of the appeal as withdrawn.
Source reference: p. 6–7Since the appeal was withdrawn, the Court also disposed of all pending interlocutory applications, if any.
Source reference: p. 7Holding
The Karnataka High Court disposed of the appeal as withdrawn.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. 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
SMT CHETANA S PANDITHvsSRI R JAIPINTO
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
