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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.Sounthar, J.
Sanny Theodore and ors. - Appellants
Versus
Thankam and ors. – Respondents
S.A.NO.1673 of 2004 and C.M.P.No.13117 of 2004
Decided On : 19-07-2024
WITHDRAWAL - SECOND APPEAL - The court acknowledged the withdrawal of the Second Appeal following a settlement out of court between the parties, leading to the dismissal of the appeal without costs.
Fact of the Case:
The appellants filed a Second Appeal under Section 100 of the Civil Procedure Code against a judgment and decree from a lower court, which had confirmed an earlier decision.
Finding of the Court:
The court recorded the memo from the appellants' counsel indicating that the matter had been settled out of court, leading to the dismissal of the appeal.
Issues: Whether the Second Appeal could be withdrawn after a settlement was reached between the parties.
Ratio Decidendi: The court held that a party may withdraw an appeal if the matter has been settled, thereby rendering the appeal moot.
Result: The Second Appeal was dismissed as withdrawn, and no costs were imposed.
JUDGMENT
S.SOUNTHAR, J.
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.167 of 1997, dated 13.2.2003, on the file of Subordinate Judge, Kuzhithurai confirming the judgment and decree made in O.S.No.70 of 1980, dated 25.11.1987, on the file of IInd Additional District Munsif, Kuzhithurai.
The learned counsel for the appellants filed a memo stating that the matter has been settled out of Court and the appellants have instructed him to withdraw the Second Appeal. Memo filed by the learned counsel for the appellants, dated 11.07.2024 is recorded and the Second Appeal is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.
A party may withdraw a Second Appeal if the underlying dispute has been resolved through settlement.
A party may withdraw a Second Appeal, leading to its dismissal if the counsel formally indicates the intention not to pursue the case.
A Second Appeal under Section 100 of the Civil Procedure Code abates against deceased respondents, and if already dismissed against others, the appeal cannot be maintained.
The dismissal of an appeal for default underscores the necessity of representation and active participation in legal proceedings.
The dismissal of an appeal for default underscores the necessity of active participation and adherence to procedural rules in civil proceedings.
The court recognizes and upholds the validity of out-of-court settlements, allowing for the dismissal of appeals when parties reach a compromise.
The dismissal of a Second Appeal for default underscores the requirement for parties to attend court proceedings and the consequences of failing to do so.
The dismissal of a Second Appeal for default underscores the critical importance of a party's representation in legal proceedings and adherence to procedural norms.
The dismissal of a legal appeal due to abatement highlights the necessity for parties to ensure proper legal representation in the event of expiration.
The necessity for legal representatives to take timely action to substitute a deceased party in civil proceedings to avoid abatement of appeals.
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