Supreme Court Allows Withdrawal of Civil Appeal Due to Appellant's Request. Court Disposed of Appeal as Not Proceeded With Following Allowance of Withdrawal Application.

  • 2
Judgement Image
Font size:
Print

Case Note & Summary

The case involved an interlocutory application filed in Civil Appeal No.1221 of 2008 by the appellants, Dinesh and another, seeking permission to withdraw the appeal against the respondents, Lal Singh and others. The Supreme Court considered the application and allowed the withdrawal, leading to the disposal of the appeal as not proceeded with. Consequently, any interim orders previously in place were vacated. The court's decision was rendered on May 6, 2009, by Justice Tarun Chatterjee.

Headnote

A) Civil Procedure - Withdrawal of Appeal - Allowance of Withdrawal - Code of Civil Procedure, 1908 - The court allowed the interlocutory application for withdrawal of the appeal, resulting in the appeal being disposed of as not proceeded with. The interim order, if any, was vacated as a consequence of the withdrawal (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the interlocutory application for withdrawal of the appeal should be allowed.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court allowed the interlocutory application for withdrawal of the appeal, resulting in the appeal being disposed of as not proceeded with. The interim order, if any, was vacated.

Law Points

  • Withdrawal of appeal
  • Disposition of appeal
  • Interim order vacated
Subscribe to unlock Law Points Subscribe Now

Case Details

2009 LawText (SC) (05) 179

Civil Appeal No.1221 of 2008

2009-05-06

Tarun Chatterjee

Dinesh & Anr.

Lal Singh & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Civil appeal regarding withdrawal of appeal.

Remedy Sought

Appellants sought permission to withdraw the appeal.

Issues

Whether the interlocutory application for withdrawal of the appeal should be allowed.

Submissions/Arguments

Appellants requested to withdraw the appeal.

Ratio Decidendi

The court upheld the right of the appellants to withdraw their appeal, leading to its disposal.

Judgment Excerpts

The interlocutory application No.2, filed in Civil Appeal No.1221 of 2008, for withdrawal of the appeal is allowed. In view of that, the appeal itself stands disposed of as not proceeded with.

Procedural History

Interlocutory application filed in Civil Appeal No.1221 of 2008 for withdrawal of the appeal.

Acts & Sections

  • Code of Civil Procedure, 1908:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Allows Appellant in Specific Performance Case with Conditions. Court affirms trial court's decree for specific performance but imposes additional payment condition due to increased property value.
Related Judgement
High Court High Court of Karnataka Quashes Confiscation Order Under Section 130 of CGST Act for Lack of Mens Rea — Petitioner's Goods and Conveyance Seized During Inter-State Transport, Order Set Aside as Proceedings Under Section 130 Require Intent to Evade ...