2024 Supreme(Mad) 1447

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SOUNTHAR, J.
Subbiah – Appellant
Versus
Anisa Beevi – Respondent
S.A. (MD) No. 1138 of 2009
Decided On : 25-07-2024

IMPORTANT POINT
The legal principle established is that a party has the right to withdraw a Second Appeal under Section 100 of the Civil Procedure Code, leading to its dismissal.

Headnote:

WITHDRAWAL - SECOND APPEAL - The court granted the appellant's request to withdraw the Second Appeal filed under Section 100 of the Civil Procedure Code, leading to the dismissal of the appeal without costs.

Fact of the Case:

The appellant filed a Second Appeal under Section 100 of the Civil Procedure Code against the judgment and decree made in A.S. No. 35 of 2006, which confirmed the earlier judgment in O.S. No. 133 of 2000.

Finding of the Court:

The court acknowledged the appellant's request to withdraw the appeal and granted leave for the same, resulting in the dismissal of the Second Appeal.

Issues: Whether the appellant could withdraw the Second Appeal and what implications this has on the case.

Ratio Decidendi: The court's decision was based on the procedural allowance for withdrawal of appeals under the Civil Procedure Code, affirming the appellant's right to withdraw.

Result: The Second Appeal was dismissed as withdrawn, with no costs imposed.