Will an order become final once an appeal is voluntarily withdrawn by the appealing party?
Situation : Hi - I would like to know the legal position of an order from a trail court becoming final
1) if the other party has filed an appeal in the high court and
2) after a period of time voluntarily withdrawn their appeal and 3) the high court has accepted the withdrawn petition and pronounced the same in the order.
Will the trail court order become final without any further provision to appeal in any court in India?
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Since appeal is withdrawn, without reserving a right to prefer another appeal, then the judgment pronounced by Trial Court would become final and binding. However, if such withdrawal was made without the knowledge of appellant or otherwise then such withdrawal order can be set aside and appeal may be continued.
If you send entire records through courier then i will be in a position to advise you properly.
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