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.5At 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.6Issues
Whether the appeal should be disposed of as withdrawn on the basis of the memo and counsel’s submissions
Source reference: p.6Whether any pending interlocutory applications should be disposed of upon 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
Source reference: p.1, p.5The Court acted on the appellant’s communicated, conscious decision to withdraw the appeal
Source reference: p.6Reasoning
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.6In 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.7Holding
The Court allowed the appeal to be withdrawn and disposed of it accordingly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.7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
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SMT REKHA M SvsSMT N PREMA
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