Supreme Court Dismisses Application for Withdrawal in Civil Appeal — Permission granted for withdrawal of application. Court exercised discretion to allow withdrawal of application as per procedural norms.

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Case Note & Summary

The case involved an application for withdrawal of I.A.No.1 of 2011 in I.A.No.5 of 2010, which was part of Civil Appeal No.4059 of 2007. The applicants, represented by learned counsel, approached the Supreme Court seeking permission to withdraw their application. The court considered the request and granted permission, subsequently dismissing the application as withdrawn. This decision reflects the court's authority to allow withdrawals of applications as per procedural norms. The judgment was delivered on January 4, 2013, by Justices H.L. Dattu and Chandramauli Kr. Prasad.

Headnote

A) Civil Procedure - Withdrawal of Application - Permission to Withdraw - Code of Civil Procedure, 1908 - The applicants sought permission to withdraw their application I.A.No.1 of 2011 in I.A.No.5 of 2010. The court granted the permission and dismissed the application as withdrawn, indicating the court's discretion in allowing such withdrawals (Paras Not mentioned).

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Issue of Consideration

Whether permission to withdraw the application should be granted

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Final Decision

The Supreme Court granted permission to withdraw I.A.No.1 of 2011 in I.A.No.5 of 2010 and dismissed the application as withdrawn.

Law Points

  • Withdrawal of application
  • permission of court
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Case Details

2013 LawText (SC) (01) 50

Civil Appeal No.4059 of 2007

2013-01-04

H.L. Dattu, Chandramauli Kr. Prasad

Project Director, Lok Jambish Parishad & Anr.

Zebunissha & Ors.

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Nature of Litigation

Application for withdrawal of an interim application in a civil appeal

Remedy Sought

Permission to withdraw I.A.No.1 of 2011

Issues

Permission to withdraw application

Submissions/Arguments

Counsel sought permission to withdraw the application

Ratio Decidendi

The court has the discretion to allow withdrawal of applications as per procedural norms.

Judgment Excerpts

Permission sought for is granted. I.A.No.1 is dismissed as withdrawn.

Procedural History

The application was filed as part of Civil Appeal No.4059 of 2007.

Acts & Sections

  • Code of Civil Procedure, 1908:
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