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2026 Supreme(Online)(Mad) 29462
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Kasiammal (Died). Panneerselvam – Appellant
Versus
Sundarraj @ Arumugam – Respondent
CMP.No.8653 of 2025
Advocates:
For Appellant(s): T. Sai Krishnan
For Respondent(s): M/s V.Kamala Kumar for R10
For Appellant(s): T. Sai Krishnan
For Respondent(s): M/s V.Kamala Kumar for R10
Amicable settlement allows withdrawal of appeal, rendering it infructuous.
Headnote:First Paragraph: The appeal arises under Section 100 of the Code of Civil Procedure, challenging judgments from lower courts in OS No.66 of 2013 and AS No.11 of 2019. Parties settled their dispute amicably. Court recorded the settlement memo and permitted withdrawal. Second Paragraph: The sole issue was the settlement between parties, leading to no further adjudication needed. Ratio decidendi holds that amicable settlements render appeals infructuous, allowing withdrawal without merits consideration. Last Paragraph: The second appeal stands dismissed as withdrawn.
JUDGMENT
The learned counsel for the appellant filed a memo dated 23.03.2026 stating that the dispute between the parties have been settled and hence, nothing survives for consideration in the above second appeal. She also seeks leave of the court to withdraw the second appeal. The memo filed by the learned counsel for the appellant dated 23.03.2026 is recorded. The second appeal stands dismissed as withdrawn. Consequently, the connected miscellaneous petition is closed. No costs.
