Case Note & Summary
This is a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 10.12.2012 passed in O.S.No.227 of 2007 by the II Additional Senior Civil Judge, Mysuru, which partly decreed the suit for specific performance of agreement. The appellants, Smt. Bhagya (daughter of Sri Hanumegowda), Smt. B. Gowri, and Smt. Bhagya (wife of Sri Ramachandra), sought to challenge the decree. However, on 31-01-2019, the appellants filed a memo for withdrawal of the appeal, signed by all three appellants. The court, after considering the memo, permitted the withdrawal and dismissed the appeal as withdrawn. No other issues were considered on merits.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Section 96 CPC - Memo for withdrawal - The appellants filed a memo for withdrawal of the appeal on 31-01-2019, signed by all three appellants. The court permitted the withdrawal and dismissed the appeal as withdrawn. (Para 1)
Issue of Consideration
Whether the appeal should be permitted to be withdrawn based on the memo filed by the appellants.
Final Decision
The appeal is dismissed as withdrawn. The memo for withdrawal is permitted.
Law Points
- Withdrawal of appeal
- Section 96 CPC
- Memo for withdrawal
Case Details
2019 LawText (KAR) (02) 36
Regular First Appeal No.831 of 2013 (SP)
Ravi Malimath, B. M. Shyam Prasad
Sri R. D. Pancham (for appellants), Sri T. P. Vivekananda (for R-1 to R-4), Sri Nagaiah (for R-5)
Smt. Bhagya (Daughter of Sri Hanumegowda), Smt. B. Gowri, Smt. Bhagya (Wife of Sri Ramachandra)
Smt. Jayalakshmi, Sri C. Krishna, Miss Ashashree, Sri M. B. Chandru, B. Kumar
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Nature of Litigation
Regular First Appeal against judgment and decree partly decreeing suit for specific performance of agreement.
Remedy Sought
Appellants sought to challenge the decree by way of appeal.
Filing Reason
Appellants were aggrieved by the judgment and decree dated 10.12.2012 in O.S.No.227/2007.
Previous Decisions
The trial court partly decreed the suit for specific performance of agreement.
Issues
Whether the appeal should be permitted to be withdrawn.
Submissions/Arguments
Appellants filed a memo for withdrawal of the appeal.
Ratio Decidendi
The court permitted withdrawal of the appeal as per the memo filed by the appellants, resulting in dismissal of the appeal.
Judgment Excerpts
Memo for withdrawal of the appeal is filed on 31-1-2019 signed by the three appellants.
Procedural History
The suit O.S.No.227/2007 was partly decreed on 10.12.2012 by the II Additional Senior Civil Judge, Mysuru. The appellants filed Regular First Appeal No.831/2013 under Section 96 CPC. On 31-01-2019, a memo for withdrawal was filed. The appeal was dismissed as withdrawn on 13-02-2019.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): 96
