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Registrar, Christian Medical College And Hospital And Anr vs Om Prakash Lokre And Ors

Supreme Court Of India|06 October, 2009
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JUDGMENT / ORDER

Summary

Issue: Withdrawal of Civil Appeals
Rule: Order X, Rule 1 of the Code of Civil Procedure, 1908
Application: The court granted permission to the appellants to withdraw their civil appeals as the compromise petition was found to be lawful and the parties have settled their disputes as per the terms of the compromise.
Conclusion: The court's permission to withdraw the civil appeals is based on the application of Order X, Rule 1 of the Code of Civil Procedure, 1908, which deals with the withdrawal of appeals.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4192 OF 2009 Registrar, Christian Medical College and Hospital and Anr. Appellant(s) Versus Om Prakash Lokre and Ors. Respondent(s) With Civil Appeal No.4508 of 2009 O R D E R Heard learned counsel for the appellants.
A joint petition of compromise (I.A. No.2 of 2009) has been filed in these two appeals wherein it is stated that the parties have settled their disputes as indicated in paragraph 4 of the compromise petition. Consequently, a prayer is made to permit them to withdraw these civil appeals as well as Original Petition No.314 of 2001 filed before the National Consumer Disputes Redressal Commission [for short, `National Commission']. In our view, the compromise is lawful and prayer is fit to be granted. A demand draft has already been paid as stated in paragraph 4 of the compromise petition.
....2/-
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Accordingly, we permit the appellants to withdraw these appeals and the complainant (Respondent No.1) to withdraw the original petition filed before the National Commission. It is needless to say that in view of the withdrawal of complaint, the impugned order does not survive.
The civil appeals are, accordingly, disposed of.
. J.
[B.N. AGRAWAL] New Delhi, October 06, 2009.
. J.
[AFTAB ALAM]
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Title

Registrar, Christian Medical College And Hospital And Anr vs Om Prakash Lokre And Ors

Court

Supreme Court Of India

JudgmentDate
06 October, 2009
Judges
  • B N Agrawal
  • Aftab Alam