Case Note & Summary
The appellants, three individuals, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.12.2012 passed by the II Additional Senior Civil Judge, Mysuru, in O.S.No.227 of 2007, which partly decreed the suit for specific performance of an agreement. The appeal was listed for orders. On 31-1-2019, the appellants filed a memo for withdrawal of the appeal, signed by all three appellants. The court, after considering the memo, allowed the withdrawal and dismissed the appeal as withdrawn. No liberty was sought or granted to file a fresh appeal. The judgment is brief and does not discuss the merits of the case.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Section 96 CPC - The appellants filed a memo for withdrawal of the appeal without seeking liberty to file a fresh appeal. The court allowed the withdrawal, dismissing the appeal as withdrawn. (Para 1)
Issue of Consideration
Whether the appeal should be allowed to be withdrawn as per the memo filed by the appellants.
Final Decision
The appeal is dismissed as withdrawn. No order as to costs.
Law Points
- Withdrawal of appeal
- Section 96 CPC
- No liberty to file fresh proceedings
Case Details
2019 LawText (KAR) (02) 72
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 (D/o Hanumegowda), Smt. B. Gowri, Smt. Bhagya (W/o Ramachandra)
Smt. Jayalakshmi, Sri C. Krishna, Miss Ashashree, Sri M. B. Chandru, B. Kumar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Regular First Appeal against judgment and decree partly decreeing suit for specific performance of agreement.
Remedy Sought
Appellants sought to withdraw the appeal.
Filing Reason
Appeal was filed against the judgment and decree dated 10.12.2012 in O.S.No.227 of 2007.
Previous Decisions
The trial court partly decreed the suit for specific performance.
Issues
Whether the appeal should be allowed to be withdrawn.
Submissions/Arguments
Appellants filed a memo for withdrawal of the appeal.
Ratio Decidendi
The court allowed the withdrawal of the appeal as per the memo filed by the appellants, without granting any liberty to file a fresh appeal.
Judgment Excerpts
Memo for withdrawal of the appeal is filed on 31-1-2019 signed by the three appellants.
The appeal is dismissed as withdrawn.
Procedural History
The appeal was filed under Section 96 CPC against the judgment and decree dated 10.12.2012 in O.S.No.227 of 2007. On 31-1-2019, a memo for withdrawal was filed. The court allowed the withdrawal on 13-2-2019.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): 96
