Case Note & Summary
The case involved a civil original jurisdiction matter before the Supreme Court of India concerning a transfer petition. The petitioner, Smt. Nidhi Kumari, had filed Transfer Petition (Civil) No. 1427/2018 against the respondent, Sh. Archit Bhartiya. During the proceedings, the petitioner's counsel informed the court that they had received instructions to withdraw the transfer petition and had accordingly filed Interlocutory Application No. 126399 of 2021 seeking permission for withdrawal. The court considered this application and allowed it, resulting in the dismissal of the transfer petition as withdrawn. The judgment was delivered by Justice Vikram Nath on November 12, 2021, in New Delhi. The court did not engage in substantive legal analysis or address complex legal issues, as the matter was disposed of based on the petitioner's request for withdrawal. The decision reflects the court's acceptance of the petitioner's voluntary decision to discontinue the proceedings, consistent with procedural principles governing withdrawal of petitions in civil matters.
Headnote
A) Civil Procedure - Transfer Petition - Withdrawal - Code of Civil Procedure, 1908 - The petitioner sought withdrawal of the transfer petition through an interlocutory application - The court allowed the withdrawal application and dismissed the transfer petition as withdrawn based on counsel's instructions (Paras 1-2).
Issue of Consideration
Whether the transfer petition should be allowed to be withdrawn
Final Decision
The court allowed Interlocutory Application No. 126399 of 2021 and dismissed Transfer Petition (Civil) No.1427/2018 as withdrawn
Law Points
- Withdrawal of petition
- Dismissal as withdrawn
- Civil procedure
