Kuni v. Ramgopal

F.A. No.122 of 1997 W.P.(C) NO.3951 OF 2018

1. 08.08.2018 Learned counsel for the appellants pressing the memo filed for withdrawal of the first appeal under section 96 of the Code of Civil Procedure supported by the affidavit of the appellant no.5 for and on behalf of the appellants, submits that the appellants do not want to further pursue this first appeal for its hearing and disposal on merit, since there has been a compromise between the parties in respect of the subject matter of the lis. He, therefore, prays for according permission to the appellant to withdraw this first appeal.

Learned counsel for the respondents submits that he has no instruction specifically with regard to the compromise between the parties in respect of the subject matter of the lis. However, he submits that since now a prayer for withdrawal of the first appeal simpliciter is advanced, this Court can act upon on the memo of withdrawal coupled with the submission in passing appropriate order in the matter of disposal of the first appeal.

Considering the submissions made and in view of the memo supported by the affidavit of the appellant no.5 for self and on behalf of all other appellants, permission is hereby accorded to the appellants for withdrawal of this first appeal.

Accordingly, the first appeal stands dismissed as withdrawn.

It is needless to say that in view of dismissal of the first appeal, the interim orders as have been passed therein do no more survive.

The LCR be returned to the court below forthwith.

…………………….. D. Dash, J.