The court reaffirmed that appellants may seek withdrawal of their appeals at any stage prior to adjudication on merits, leaving such matters to the court’s discretion. This judgment upholds existing precedent and does not overrule or create new law; it clarifies the procedural course for appeal withdrawals and confirms its value as binding authority for subordinate courts before the High Court of Uttarakhand.
Summary
| Category | Data |
|---|---|
| Case Name | AO/221/2025 of AJAY BAHUGUNA Vs VIJAY BAHUGUNA |
| CNR | UKHC010099022025 |
| Date of Registration | 01-07-2025 |
| Decision Date | 31-10-2025 |
| Disposal Nature | DISMISSED AS WITHDRAWN |
| Judgment Author | HON’BLE MR. JUSTICE ALOK MAHRA |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding on subordinate courts in Uttarakhand |
| Type of Law | Procedural Law |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
What’s New / What Lawyers Should Note
- Reiterates the settled position that an appeal can be withdrawn at any stage prior to pronouncement on merits, solely upon counsel’s submission, and with leave of the court.
- Where withdrawal is sought, appellate courts may dismiss the appeal as withdrawn without entering into merits.
Summary of Legal Reasoning
- The appellant’s counsel sought leave of the court to withdraw the appeal after arguing at some length.
- The court exercised its discretion to permit withdrawal and recorded the dismissal of the appeal as withdrawn.
- No examination or pronouncement was undertaken on the merits of the case.
- The order merely records the procedural aspect of withdrawal and does not touch upon the substantive legal or factual issues raised in the appeal.
Arguments by the Parties
Petitioner (Appellant):
- After some arguments, the appellant’s counsel sought permission to withdraw the appeal.
Respondent:
- No submissions of the respondent are recorded in the judgment.
Factual Background
- The appellant initiated the appeal, which was registered as AO/221/2025 (CNR UKHC010099022025).
- On 31.10.2025, during the hearing before the High Court of Uttarakhand, the appellant’s counsel requested to withdraw the appeal after presenting some arguments.
- The court permitted withdrawal and dismissed the appeal as withdrawn without deciding on the merits.
Statutory Analysis
- No specific statutory provisions are discussed or interpreted in the judgment.
- The judgment is confined to the procedural step of withdrawing an appeal before adjudication.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No new procedural precedents or innovations have been set in the judgment.
Alert Indicators
- ✔ Precedent Followed – The existing procedure allowing withdrawal of pending appeals prior to decision on merits is affirmed.