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Arepu Anantha Lakshmi S.(D) by LRs. v. M/s. Shah Boomaji Lalchand

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5233 of 2008)Decided 21 Feb 2017
Civil Appeal No. 5233 of 2008
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellants (landlords, represented by their legal representatives after the original appellant's death) had filed this civil appeal in a dispute over premises with the respondent tenant/occupant. By the time the matter came up for final hearing in 2017, the appellants informed the Court that the premises in dispute had already been handed back to them in 2014.

Decision Breakdown

Since the underlying dispute over possession of the premises had already become moot, the appellants having already recovered the premises in 2014, counsel for the appellants sought the Court's permission to withdraw the appeal. The Supreme Court granted this permission and dismissed the civil appeal as withdrawn, disposing of any pending interlocutory applications as well, with no order as to costs.

Lesson Learnt

Once the actual relief sought in litigation is achieved outside the courtroom (here, repossession of the premises), parties should promptly withdraw the pending case rather than let it linger: courts will readily permit withdrawal of an appeal that has become infructuous.

Official source (sci.gov.in)View Judgment (PDF)

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