A High Court bench has clarified that a regular second appeal may be withdrawn with consent of all parties when the matter is settled through compromise before notice of motion is issued; this precedent affirms existing procedural law and provides practical guidance for civil appellate practitioners.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/3670/2023 of KRISHNA DHINGRA (DECEASED) THROUGH HER LRS AND ORS. Vs RAVINDER SACHDEVA |
| CNR | PHHC011160772023 |
| Date of Registration | 23-11-2023 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | Mrs. Justice Alka Sarin |
| Court | High Court of Punjab and Haryana |
| Precedent Value |
|
| Questions of Law | Whether a regular second appeal may be withdrawn upon settlement before issuance of notice of motion with party consent |
| Ratio Decidendi |
The court held that where both parties have compromised and the respondent has no objection, the appeal may be withdrawn even before notice of motion is issued in the main matter. The application for withdrawal can be taken on Board and decided with the consent of both counsels. The court permitted withdrawal and dismissed the appeal as withdrawn, thereby affirming the procedural protocol in such situations. |
| Facts as Summarised by the Court |
The dispute was compromised after the institution of a regular second appeal; both counsels confirmed the settlement and raised no objection to withdrawal. The matter was taken up without issuing notice of motion and the appeal was dismissed as withdrawn upon application by the appellants and concurrence of the respondent. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the High Court of Punjab and Haryana |
| Persuasive For | Other High Courts and civil appellate benches considering pre-admission withdrawal of appeals on compromise |
What’s New / What Lawyers Should Note
- Clarifies that withdrawal of a regular second appeal is permissible at the pre-admission stage (before notice of motion is issued) if the parties have settled and both sides consent.
- Application for withdrawal can be taken up out of turn upon joint or unopposed request by the counsels.
- No judicial objection is posed to the withdrawal if the opposing party records “no objection” and the matter is settled.
- Reaffirms the procedural flexibility and efficiency in disposed compromised civil matters.
Summary of Legal Reasoning
- The Court considered an application for withdrawal of the main appeal on the ground that the dispute had been compromised between the parties.
- Counsel for the respondent accepted the application and raised no objection to withdrawal.
- Since the notice of motion had not yet been issued in the main case, the court saw no barrier to entertaining and deciding the withdrawal application.
- With mutual consent from both sides, the appeal was taken on Board the same day and dismissed as withdrawn.
- The court emphasized that, where both parties agree to settlement and withdrawal, judicial time need not be expended issuing notice or conducting further hearings.
Arguments by the Parties
Petitioner (Appellants):
- Sought withdrawal of the regular second appeal due to compromise between the parties.
Respondent:
- Stated explicitly he had “no objection” to the withdrawal, confirming the settlement.
Factual Background
The parties were engaged in a dispute that led to the filing of a regular second appeal (RSA-3670-2023). During the course of proceedings, but before notice of motion was issued in the main case, the parties settled the matter amicably. An application was moved to withdraw the appeal, with both sides’ counsels indicating consent, and the appeal was taken up and dismissed as withdrawn on the same date.
Statutory Analysis
No specific statutory provisions were discussed or interpreted in the judgment. The court applied established procedural norms related to withdrawal of appeals in civil proceedings and the effect of mutual compromise prior to admission.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded or referenced in the judgment.
Procedural Innovations
- The judgment demonstrates that, upon compromise and with no objection from the respondent, an appeal may be withdrawn at the pre-admission stage, even before notice of motion, with expedited disposal on the same day.
Alert Indicators
- ✔ Precedent Followed – Existing procedural law regarding withdrawal due to settlement is affirmed.