IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Anita Rawat - Appellant
Versus
Mahaveer Singh Rawat - Respondent
First Appeal No. 14 of 2020
Decided On : 21-12-2022
Withdrawal - Application for Leave to Withdraw Appeal - Settlement
Fact of the Case:
The appellant sought leave to withdraw the appeal due to a settlement reached by the parties.
Finding of the Court:
The court allowed the application and dismissed the appeal as withdrawn.
Issues:
Ratio Decidendi: The court's decision was influenced by the fact that the parties had reached a settlement.
Final Decision: The application for withdrawal was allowed and the appeal was dismissed as withdrawn.
JUDGMENT
Vipin Sanghi, CJ. -
Withdrawal Application (IA No. 06 of 2022)
1. By this application, the appellant seeks leave to withdraw the present appeal on account of the fact that the parties have arrived at a settlement.
2. Accordingly, the application is allowed.
3. The present Appeal is dismissed as withdrawn.
The court has the discretion to allow the withdrawal of a writ petition upon application by the petitioner.
The court has the discretion to allow the withdrawal of a writ petition.
Settlement of dispute leading to withdrawal of arbitration application
An appeal may be dismissed as withdrawn if the appellants realize it is not maintainable.
Dismissal of Arbitration Application as Withdrawn
The petitioner sought leave to withdraw the Writ Petition, and the court granted the request.
Withdrawal of appeal
The court allowed the withdrawal of the petition with liberty to file afresh.
The court can grant permission to withdraw an appeal if a settlement has been reached between the parties.
The court allows the withdrawal of the writ petition with liberty for the petitioner to pursue alternative remedies.
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