Supreme Court Dismisses Appeal Due to Withdrawal by Appellants. Court Granted Permission to Withdraw Appeal with No Costs Imposed.

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Case Note & Summary

The case involved an interlocutory application filed by the appellants, Shripal Bhati and others, seeking permission to withdraw their Civil Appeal No.1390 of 2007 against the State of U.P. The Supreme Court considered the application and granted the permission to withdraw the appeal. Consequently, the court dismissed the civil appeal as withdrawn, stating that there would be no order as to costs and any interim orders in place would stand vacated. The decision was made by Justice Tarun Chatterjee on January 21, 2009.

Headnote

A) Civil Procedure - Withdrawal of Appeal - Permission to Withdraw - Civil Appeal No.1390 of 2007 - Appellants sought permission to withdraw their appeal, which was granted by the court. The appeal was dismissed as withdrawn with no order as to costs, and any interim orders were vacated. Held that the withdrawal was permissible under the circumstances (Paras Not mentioned).

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Issue of Consideration

Whether the appellants can withdraw their civil appeal.

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Final Decision

The Supreme Court granted permission to the appellants to withdraw their Civil Appeal No.1390 of 2007 and dismissed the appeal as withdrawn. The court ordered that there would be no costs and any interim orders were vacated.

Law Points

  • Withdrawal of appeal
  • Dismissal of civil appeal
  • No order as to costs
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Case Details

2009 LawText (SC) (01) 170

Civil Appeal No.1390 of 2007

2009-01-21

Tarun Chatterjee

Shripal Bhati & Ors.

State of U.P. & Ors.

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Nature of Litigation

Civil appeal seeking withdrawal

Remedy Sought

Permission to withdraw the civil appeal

Issues

Permission to withdraw civil appeal

Submissions/Arguments

Appellants sought permission to withdraw their appeal.

Ratio Decidendi

The court upheld the right of the appellants to withdraw their appeal without imposing costs.

Judgment Excerpts

Permission sought for is granted and the Civil Appeal is dismissed as withdrawn. However, there will be no order as to costs and interim order, if any, stands vacated.

Procedural History

The appellants filed an interlocutory application seeking permission to withdraw their civil appeal.

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