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2016 Supreme(SC) 1174

SUPREME COURT OF INDIA
A.K. SIKRI, AMITAVA ROY, JJ.
UNION OF INDIA – APPELLANT(s)
VERSUS
SREENARAYANA INSTITUTE OF MEDICAL SCIENCES REP. BY ITS EXECUTIVE DIRECTOR AND ORS. – RESPONDENT(S)
I.A. NOS. 2 & 3 OF 2016 IN CIVIL APPEAL NO(S). 9862/2016
Decided On : 05-10-2016

A party may withdraw their interlocutory applications from a court, leading to the dismissal of such applications as withdrawn.

Headnote:(A) Civil Procedure - Withdrawal of applications - Interlocutory applications - Request for withdrawal made by the applicant’s counsel following a decision by the state government - Applications dismissed as withdrawn.

Facts of the case:
The counsel for the applicant requested the withdrawal of specific interlocutory applications in a civil appeal based on a decision taken by the state government.

Findings of Court:
The court accepted the request of the applicant to withdraw the applications.

Issues: Whether the interlocutory applications filed by the applicant could be withdrawn.

Ratio Decidendi: When a party seeks to withdraw their application, the court may dismiss the same as withdrawn.

Result: Applications dismissed as withdrawn.

Legal Category Hierarchy

  • practice and procedure
    • withdrawal of applications
ORDER

In view of the decision taken by the State Government of Kerala, which Mr. Dushyant A. Dave, learned senior counsel appearing on behalf of the applicant has placed on record, he wishes to withdraw these applications which are, accordingly, dismissed as withdrawn.

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