Case Note & Summary
The appellant, Sri S. Babu, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 12.09.2018 passed in O.S. No. 26214/2008 by the IV Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, which dismissed the suit for permanent injunction. During the pendency of the appeal, the appellant filed a memo seeking withdrawal of the appeal on the ground that the matter had been settled out of court between the parties. The learned counsel for the respondent submitted that there was no objection to the withdrawal. The court placed the memo on record and dismissed the appeal as withdrawn. No costs were awarded. The judgment is brief and does not discuss any legal issues or merits of the case.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Settlement - Section 96 read with Order XLI Rule 1 of CPC - The appellant filed a memo for withdrawal of the appeal on the ground that the matter was settled out of court between the parties. The respondent had no objection. The court allowed the withdrawal and dismissed the appeal as withdrawn. (Paras 1-3)
Issue of Consideration
Whether the appeal should be allowed to be withdrawn in view of settlement between parties.
Final Decision
Appeal dismissed as withdrawn. Memo placed on record.
Law Points
- Withdrawal of appeal
- settlement out of court
- no objection from respondent
- dismissal as withdrawn
Case Details
2020 LawText (KAR) (07) 59
Regular First Appeal No. 1673 of 2018 (INJ)
Sri Mallikarjun Swamy S. for appellant, Smt. Indumathi for Sri K. Bhanuprasad for Caveator/Respondent 1
Sri K.R. Ramamurthy and Sri Sheshu Reddy
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Nature of Litigation
Regular First Appeal against dismissal of suit for permanent injunction.
Remedy Sought
Appellant sought to withdraw the appeal due to out-of-court settlement.
Filing Reason
Appeal was filed against judgment and decree dated 12.09.2018 in O.S. No. 26214/2008 dismissing the suit for permanent injunction.
Previous Decisions
Trial court dismissed the suit for permanent injunction on 12.09.2018.
Issues
Whether the appeal should be allowed to be withdrawn in view of settlement between parties.
Submissions/Arguments
Appellant filed memo for withdrawal on ground of settlement.
Respondent's counsel submitted no objection to withdrawal.
Ratio Decidendi
An appeal can be withdrawn by the appellant if the matter is settled out of court and the respondent has no objection.
Judgment Excerpts
The appellant has filed a memo for withdrawal of the appeal on the ground that the matter was settled out of court between the parties.
Learned counsel appearing for the respondent submits that there is no objection for the withdrawal.
Accordingly, appeal is dismissed as withdrawn.
Procedural History
The appellant filed a suit for permanent injunction (O.S. No. 26214/2008) which was dismissed by the IV Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru on 12.09.2018. Aggrieved, the appellant filed Regular First Appeal No. 1673/2018 before the High Court of Karnataka. During pendency, parties settled, and appellant filed a memo for withdrawal. The appeal was dismissed as withdrawn on 09.07.2020.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order XLI Rule 1
