Karnataka High Court
Civil Procedure and EvidenceCivil Law

The appeal was disposed of as withdrawn upon the appellant’s conscious decision.

SMT NALINI K BHAT vs SRI LOGANATHAN

Karnataka High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
The appeal was disposed of as withdrawn upon the appellant’s conscious decision.. SMT NALINI K BHAT vs SRI LOGANATHAN. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, Nalini K. Bhat, through her GPA holder, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

Source reference: p.5

At the hearing, counsel informed the Court that a memo had been filed seeking withdrawal of the appeal; the GPA holder had signed the memo. Counsel confirmed that the decision to withdraw was conscious and that the appellant would not seek review or modification of the order disposing of the appeal.

Source reference: p.6
02

Issues

Whether the appeal should be disposed of as withdrawn on the basis of the memo and the appellant’s stated conscious decision.

Source reference: p.6
03

Law Applied

The appeal was instituted under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

Source reference: p.5

The judgment does not cite or discuss any statutory provision, precedent, or substantive doctrine governing withdrawal of the appeal; it records the appellant’s request and the Court’s acceptance of it.

Source reference: pp.6–7
04

Reasoning

The Court noted that the withdrawal memo was on record, that the GPA holder had signed it, and that counsel confirmed the appellant’s conscious decision to withdraw and not to seek review or modification.

Source reference: p.6

On that basis, the Court accepted the request without examining the merits of the underlying dispute.

Source reference: pp.6–7
05

Holding

The High Court disposed of the appeal as withdrawn.

Any pending interlocutory applications 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

Original Court PDF

SMT NALINI K BHATvsSRI LOGANATHAN

Karnataka High Court · September 28, 2026

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