IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J.
Jayashree - Appellant
Vs.
B.Gogul - Respondent
A.S.No.190 of 2022
Decided on : 03-02-2023
Constitution of India, 1950 – Article, 226 – Power of High Courts to issue certain writs – Learned counsel appearing on behalf of appellant seeks permission of this Court to withdraw present Appeal Suit – In this regard, learned counsel for appellant has sent a letter to Registry, High Court of Madras on to withdraw appeal suit – Held, learned counsel for appellant has also made an endorsement in case bundle to withdraw present Appeal Suit – Appeal Suit dismissed.
JUDGMENT :
The learned counsel appearing on behalf of the appellant seeks permission of this Court to withdraw the present Appeal Suit. In this regard, the learned counsel for the appellant has sent a letter to the Registry, High Court of Madras on 02.02.2023 to withdraw the appeal suit.
2. The learned counsel for the appellant has also made an endorsement in the case bundle to withdraw the present Appeal Suit.
3. Based on the letter and recording the endorsement made by the learned counsel for the appellant to withdraw the appeal suit, the Appeal Suit stands dismissed as withdrawn. No costs.
Court permitted withdrawal of appeal upon counsel's endorsement, dismissing it without costs.
Court permitted withdrawal of second appeal, dismissing it accordingly.
The court allows withdrawal of appeal when requested by the appellant.
The withdrawal of an appeal is permissible when a formal memo is submitted to the court.
A party has the right to withdraw a Writ Appeal, and such withdrawal results in the dismissal of the appeal without costs.
An appeal may be withdrawn upon permission from the court, leading to dismissal as withdrawn.
The court affirms the procedure for withdrawal of appeals as valid and concludes dismissal of the appeal based on the appellant's request.
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