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2025 Supreme(Online)(SC) 5066

SUPREME COURT OF INDIA
SANJAY KAROL, JOYMALYA BAGCHI, JJ
SUVARNAMMA & ORS. – Appellant
Versus
SHIVALINGAIAH & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: N.S. Vijayanth Babu, Pankaj Kumar Mishra
For the Respondents: D P Chaturvedi, Tarun Kumar Thakur, Abhay Choudhary M, Vivek Ram R, Anuradha Mutatkar

Table of Content
1. challenge to the high court order. (Para 1)
2. court approved withdrawal of defendants. (Para 3)
3. decision on maintainability reserved. (Para 5)
4. final disposal of the appeal. (Para 6)

O R D E R

2 Learned counsel for the appellant has filed the instant application for early hearing inter alia stating as under:

(i) The only issue involved in this appeal regarding the unconditional right of the plaintiffs to withdraw their suit as against all or any of the defendants under Order XXII Rule 1(1) of the Code of Civil Procedure is well settled and covered by the judgments of this Honourable Court. One such case beingAnurag Mittal vs. Shaily Mishra Mittal ” (2018 9 SCC 691).

Digitally signed by NO. 364/2014 is about 24 years old.

17:10:20 IST (iii) Most of the Appellants and Respondents are Reason:

The death of all these persons is due to old age.

3. During the course of hearing, learned counsel for the applicant/appellant, under instruction, submits that the appellant seeks permission to withdraw the Original Suit No.364 of 2014 qua Defendants 9 to 16, who are respondent nos. 1 to 8 herein) namely, Shivalingaiah, B.Puttannaiah, Shakaraiah, Sadashivaiah, Paramashivaiah, Na

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