Smt Narayanamma v. Smt Gowramma
Case brief
What is this about?
Withdrawal of a regular first appeal by memo on the ground of out-of-court settlement; appeal dismissed as withdrawn/not pressed without adjudication on merits. Underlying matter: OS No.937/2008 before Additional Senior Civil Judge and JMFC, Devanahalli, where the plaint was rejected under Order VII Rule 11(a) and (d) CPC by order dated 17.01.2024. Appeal lay under Section 96 r/w Order 41 Rule 1 CPC, 1908. Useful for practice points on disposal of appeals via withdrawal memos; no precedent treatment, no quantum, no dissent.
What did the court decide?
Appeal dismissed as withdrawn (not pressed) at the request of the appellant, who filed a memo stating the subject matter was settled out of court. ¶37