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Withdraw of case at pre admmision case

Querist : Anonymous (Querist) 25 August 2021 This query is : Resolved 
Hello ,An appeal has been filed against divorce judgement in the hogh court , however the respondent has married and hence the applicant does not want to proceed with the appeal in high court and wants too withdraw.The appeal is not registered just stamp number given and shows preadmission stage.
Experts pls guide how to withdraw the appeal.Thank u.
kavksatyanarayana (Expert) 25 August 2021
What is the opinion of your own counsel?
Advocate Bhartesh goyal Online (Expert) 25 August 2021
Better seek the opinion of your lawyer who filed appeal and adviced you to with draw the same.
Dr J C Vashista (Expert) 26 August 2021
I concur the opinion and advise of experts.
Querist : Anonymous (Querist) 26 August 2021
Sir , council is hospitalized hence wanted to know a way out .
Dr J C Vashista (Expert) 28 August 2021
The appellant/ respondent may move an application under order XXIII Rule 1 of the Code of Civil Procedure, 1908 for withdrawal of appeal through a local prudent lawyer.
T. Kalaiselvan, Advocate (Expert) 28 August 2021
You may proceed as advised, before that you may have to obtain NOC from your previous counsel to file a petition to withdraw the appeal or can file the same as party ion person by following the procedures as prescribed in the high court rules.


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