Supreme Court Dismisses Appeal as Withdrawn Due to Counsel's Request. Court Allowed Withdrawal of Appeal Leading to Dismissal.

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Case Note & Summary

The case involved a civil appeal filed by B.C. Dalal against the Custodian and another. During the proceedings, the learned counsel for the appellant sought permission to withdraw the appeal. The court allowed this request, resulting in the dismissal of the appeal as withdrawn. The decision was made by a bench comprising Justices Harjit Singh Bedi and K.S. Radhakrishnan on May 10, 2010. The court's order reflects the procedural aspect of allowing a party to withdraw an appeal, which is a recognized right under civil procedure.

Headnote

A) Civil Procedure - Withdrawal of Appeal - Dismissal of Appeal as Withdrawn - Code of Civil Procedure, 1908, Section Not mentioned - The appellant's counsel requested to withdraw the appeal, which was permitted by the court, leading to the dismissal of the appeal as withdrawn. Held that the request for withdrawal was granted (Paras Not mentioned).

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Issue of Consideration

Whether the appeal should be allowed to be withdrawn

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Final Decision

The Supreme Court allowed the appellant's request for withdrawal and dismissed the appeal as withdrawn.

Law Points

  • Withdrawal of appeal
  • Dismissal of civil appeal
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Case Details

2010 LawText (SC) (05) 80

Civil Appeal No. 3793 of 2010

2010-05-10

Harjit Singh Bedi, K.S. Radhakrishnan

B.C. Dalal

Custodian & Anr.

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Nature of Litigation

Civil appeal

Remedy Sought

Withdrawal of the appeal

Issues

Whether the appeal should be allowed to be withdrawn

Submissions/Arguments

Counsel for the appellant requested withdrawal of the appeal

Ratio Decidendi

The court recognized the right of a party to withdraw an appeal under civil procedure.

Judgment Excerpts

The Civil Appeal is dismissed as withdrawn.

Procedural History

The appeal was filed and subsequently, the counsel requested for its withdrawal.

Acts & Sections

  • Code of Civil Procedure, 1908:
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