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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SOUNTHAR, J.
Manickam – Appellant
Versus
Samaria Padippagam – Respondent
S.A(MD)No.466 OF 2009 and M.P(MD)No.1 of 2009
Decided on : 04-07-2024
SETTLEMENT - CIVIL PROCEDURE - The court dismissed the Second Appeal under Section 100 of the Civil Procedure Code as the matter had been compromised between the parties, indicating that the resolution of disputes through settlement is favored and recognized by the court, leading to the conclusion that further litigation was unnecessary.
Fact of the Case:
The appellant filed a Second Appeal against the judgment and decree from the lower courts regarding a civil matter.
Finding of the Court:
The court acknowledged a memo from the appellant's counsel indicating that the parties had reached a compromise, leading to the dismissal of the appeal.
Issues: Whether the Second Appeal should proceed given that the parties had settled the matter out of court.
Ratio Decidendi: The court emphasized the importance of settlement in civil disputes, allowing for the dismissal of the appeal when the parties have resolved their issues amicably.
Result: The Second Appeal was dismissed as settled out of court, with no costs imposed.
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.60 of 2008, dated 2.4.2009, on the file of 2nd Additional Sub-Court, Nagercoil, confirming the judgment and decree made in O.S.No.180 of 2003, dated 8.4.2008, on the file of Ist Additional District Munsif Court, Nagercoil.
The learned counsel for the appellant filed a memo, dated 04.07.2024 stating that the matter has already been compromised between the parties. The said memo is recorded.
2. Hence, the Second Appeal is dismissed as settled out of Court. No costs. Consequently, connected Miscellaneous Petition is closed.
The court recognizes and upholds the validity of out-of-court settlements, allowing for the dismissal of appeals when parties reach a compromise.
A party may withdraw a Second Appeal if the underlying dispute has been resolved through settlement.
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.
Failure to appear in court can lead to dismissal of appeals, underscoring the importance of active participation in legal proceedings.
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 active participation and adherence to procedural rules in civil proceedings.
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.
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