Dinabandhu v. Hari
Second Appeal (SA No.48 of 1994) – Withdrawal – Out-of-court compromise
Case brief
What is this about?
SA No.48 of 1994, High Court of Orissa at Cuttack, order dated 19.01.2024, A.C. Behera, J. Dinabandhu Meher (dead) & Others (appellants, counsel Bholanath Shadangi) v. Hari Meher (respondent, counsel D.K. Mishra). On the appellants' memo recording that the disputes stood compromised outside court and their lack of interest in pursuing the appeal, with no objection from the respondent, the second appeal was dismissed as withdrawn, applying AIR 1975 S.C. 957, and disposed of finally. Purely procedural withdrawal order; no substantive issues decided, no quantum involved.
What did the court decide?
Permission to withdraw the second appeal consequent upon the out-of-court compromise between the parties; appeal dismissed as withdrawn and disposed of finally. ¶18