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.5At 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.6Issues
Whether the appeal should be disposed of as withdrawn on the basis of the memo and the appellant’s stated conscious decision.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.6Law Applied
The appeal was instituted under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.
Source reference: p.5The 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.6–7Reasoning
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.6On that basis, the Court accepted the request without examining the merits of the underlying dispute.
Source reference: pp.6–7Holding
The High Court disposed of the appeal as withdrawn.
Any pending interlocutory applications 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 NALINI K BHATvsSRI LOGANATHAN
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