The High Court of Chhattisgarh upholds its discretionary power to dismiss an appeal as withdrawn with liberty for alternative remedies—affirming existing procedure; persuasive authority for other High Courts and binding on subordinate courts in Chhattisgarh.
Summary
| Category | Data |
|---|---|
| Case Name | ACQA/239/2022 of N. BHASKAR RAO Vs PADMAVATI LT. KRISHNA RAO |
| CNR | CGHC010278892022 |
| Date of Registration | 24-09-2022 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | Hon’ble Shri Justice Sanjay S. Agrawal |
| Court | High Court Of Chhattisgarh at Bilaspur |
| Bench | Single Judge Bench |
| Precedent Value | Affirmation of procedural practice |
| Overrules / Affirms | Affirms existing appellate withdrawal practice |
| Type of Law | Procedural Law |
| Questions of Law | Whether an appellate court may dismiss an appeal as withdrawn while granting liberty to pursue alternative remedies |
| Ratio Decidendi |
When an appellant prays for withdrawal, the court may dismiss the appeal as withdrawn and grant liberty to seek any alternative remedy provided by law. This exercise of discretionary power does not decide the merits of the underlying dispute but preserves the appellant’s right to approach the appropriate forum. No further conditions or limitations were imposed, thereby reaffirming the High Court’s established practice. |
| Citations | 2025:CGHC:44680 |
What’s New / What Lawyers Should Note
- The High Court reaffirmed that an appellant’s prayer for withdrawal can be granted by dismissing the appeal as withdrawn and simultaneously granting liberty to pursue any alternative statutory or legal remedy.
- No additional conditions are imposed when granting such withdrawal—this procedure preserves the appellant’s rights without adjudicating merits.
- Lawyers can cite this order to secure a withdrawal-with-liberty disposal when an appeal is no longer sought, without prejudice to other remedies.
Summary of Legal Reasoning
- The appellant’s counsel sought withdrawal of the appeal with liberty to pursue alternative remedies.
- The High Court exercised its inherent/discretionary power in appellate procedure to dismiss the appeal as withdrawn.
- Liberty was granted to the appellant to avail any alternative remedy provided under law.
- No further adjudication of the merits was undertaken; the disposal purely addressed the procedural prayer.
Arguments by the Parties
Petitioner (Appellant):
- Prayed for withdrawal of the appeal.
- Sought liberty to avail alternative remedy as provided under law.
Respondent:
- No appearance; no opposing submissions recorded.
Factual Background
In ACQA No. 239/2022, the appellant filed an appeal against an order of the Judicial Magistrate First Class, Durg dated 29-04-2022. At the hearing before the High Court, counsel for the appellant prayed for withdrawal of the appeal, seeking liberty to pursue any alternative remedy available under law. No further factual or substantive dispute was addressed.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:CGHC:44680 (High Court of Chhattisgarh, Bilaspur Bench)