Karnataka High Court
Civil Procedure and EvidenceCivil Law

The appeal was disposed of as withdrawn following the appellant’s conscious decision.

SMT REKHA M S vs SMT N PREMA

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The appeal was disposed of as withdrawn following the appellant’s conscious decision..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

Facts

The appellant, represented by her GPA holder, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure

Source reference: p.1, p.5

At the hearing, the appellant’s counsel submitted that a memo signed by the GPA holder sought withdrawal of the appeal. Counsel confirmed that the decision to withdraw was conscious and that the appellant would not seek review or modification of the resulting order

Source reference: p.6
02

Issues

Whether the appeal should be disposed of as withdrawn on the basis of the memo and counsel’s submissions

Source reference: p.6

Whether any pending interlocutory applications should be disposed of upon 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

Source reference: p.1, p.5

The Court acted on the appellant’s communicated, conscious decision to withdraw the appeal

Source reference: p.6
04

Reasoning

The Court recorded that the GPA holder had signed the withdrawal memo and that counsel confirmed the appellant’s conscious decision to withdraw, including the stated intention not to seek review or modification of the order

Source reference: p.6

In light of those submissions, the Court accepted the memo and did not adjudicate the appeal on its merits. It also disposed of any pending interlocutory applications as a consequence of the appeal’s disposal

Source reference: p.6, p.7
05

Holding

The Court allowed the appeal to be withdrawn and disposed of it accordingly

All pending interlocutory applications, if any, were also 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

Original Court PDF

SMT REKHA M SvsSMT N PREMA

Karnataka High Court · September 28, 2026

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