In an application under Order 23 Rule 1 CPC for withdrawal of a second appeal, the court allowed the prayer where the appellant submitted a lack of desire to pursue the appeal, supported by the respondents who reported an amicable settlement.
Prayer for withdrawal of the second appeal was allowed and disposed of.
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R.S.A. NO. 403 OF 2003
I.A. NO. 715 OF 2018
10. 21.08.2018
Heard.
This is an application under order 23 rule 1 of the Code of Civil Procedure for withdrawal of the second appeal.
Learned counsel for the appellant pressing the said application for withdrawal of the appeal submits that the appellants do not want to further pursue the appeal.
Learned counsel for the respondent no. 5(a) to 5(d) submits that the parties having amicably resolved their dispute and have arrived at a compromise, the appellants have filed this application for withdrawal of the appeal in which the respondent no.5(a) to 5(d) have no objection.
Considering the submissions made, the prayer for withdrawal of the appeal is allowed.
The I.A. is accordingly disposed of.
D. Dash, J.
1 issue framed by the court
Whether an application for withdrawal of appeal is maintainable where parties have arrived at a compromise.
1 provisions across 1 enactments
Appellants
Respondent no. 5(a) to 5(d)
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
