Case Note & Summary
The appellants, Mr. C.D. Shekar and Mrs. Sudha Shekar, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 09.06.2020 passed in Writ Petition No.5342/2020 by a learned single judge. The respondent was Mrs. Jaya Kiran. When the appeal came up for hearing through video conference, the counsel for the appellants sought permission to withdraw the appeal. The court allowed the withdrawal and dismissed the appeal as withdrawn. Consequently, the pending interlocutory application was also disposed of. The court did not adjudicate on the merits of the case, as the appeal was withdrawn at the outset.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Dismissal as Withdrawn - No adjudication on merits - Appellants sought permission to withdraw the appeal, which was granted by the court, resulting in dismissal without any determination of the issues raised. (Paras 1-3)
Issue of Consideration
Final Decision
The appeal was dismissed as withdrawn. The pending interlocutory application was disposed of.
Law Points
- Withdrawal of appeal
- Dismissal as withdrawn
- No merits adjudication
Case Details
2020 LawText (KAR) (07) 244
Writ Appeal No.398/2020 (GM – FC)
Abhay S. Oka, Chief Justice, M. Nagaprasanna, J.
Smt. Rama Ramachandra Iyer (for appellants)
Mr. C.D. Shekar and Mrs. Sudha Shekar
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Nature of Litigation
Writ appeal against an order in a writ petition under the Karnataka High Court Act.
Remedy Sought
Appellants sought to set aside the order dated 09.06.2020 in Writ Petition No.5342/2020.
Filing Reason
Challenge to an order passed in a writ petition.
Previous Decisions
Order dated 09.06.2020 in Writ Petition No.5342/2020 was challenged.
Submissions/Arguments
Appellants' counsel sought permission to withdraw the appeal.
Ratio Decidendi
The court allowed withdrawal of the appeal and dismissed it as withdrawn, without any adjudication on merits.
Judgment Excerpts
The learned counsel appearing for the appellants seeks permission to withdraw the appeal.
The appeal is accordingly dismissed as withdrawn.
The pending interlocutory application does not survive and the same is disposed of.
Procedural History
The appellants filed Writ Appeal No.398/2020 challenging an order dated 09.06.2020 in Writ Petition No.5342/2020. On 08.07.2020, the appeal was heard via video conference, and the appellants' counsel sought withdrawal. The court dismissed the appeal as withdrawn.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
