Case Note & Summary
The dispute arose in the context of a civil appeal concerning the withdrawal of a writ petition. The appellant, the Executive Engineer of D.V.V. Nigam, contested against M/s. Real Cement Company Pvt. Ltd. and another respondent. The respondents requested permission to withdraw Writ Petition No.52563 of 2006, which had been disposed of by the Allahabad High Court. This request was made following a judgment by the Allahabad High Court on July 18, 2008, in Writ Petition No.989 (MB)/1999. The appellant's counsel did not object to this prayer. The Supreme Court, after hearing the parties, allowed the appeal, set aside the impugned order, and dismissed the writ petition as withdrawn. The court did not express any opinion on the correctness of the Allahabad High Court's earlier order. The final decision was rendered on August 18, 2008, with a subsequent order correcting the civil appeal number on August 22, 2008.
Headnote
A) Civil Procedure - Withdrawal of Writ Petition - Permission to Withdraw - Civil Appeal No.5087 of 2008 - Respondents sought permission to withdraw Writ Petition No.52563 of 2006 after a judgment by the Allahabad High Court. The court allowed the withdrawal and dismissed the writ petition as withdrawn, without expressing any opinion on the correctness of the High Court's order. Held that the appeal was allowed and the impugned order set aside (Paras Not mentioned).
Issue of Consideration
Whether the respondents could withdraw the writ petition in light of the Allahabad High Court's judgment.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order, and dismissed Writ Petition No.52563 of 2006 as withdrawn.
Law Points
- Withdrawal of writ petition
- High Court orders
- Civil appellate jurisdiction
