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2026 Supreme(Online)(Mad) 34692
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
M.Mani – Appellant
Versus
Natarajan – Respondent
C.M.P.No.12748 of 2022 in S.A.SR.No.65224 of 2022|S.A.SR.No.65224 of 2022|S.A.SR.No.156614 of 2024
Advocates:
For the Appellants/Petitioners: Mr.K.Sathish Kumar
For the Respondents: Mr.R.Gunasekaran, For R1 : Died
For the Appellants/Petitioners: Mr.K.Sathish Kumar
For the Respondents: Mr.R.Gunasekaran, For R1 : Died
Appeal withdrawn due to amicable settlement; CMP dismissed and second appeal rejected at SR stage.
Headnote:First Paragraph: The petition under Order 41 Rule 3A read with Rule 42 of the Code of Civil Procedure seeks condonation of 861 days delay in filing the second appeal under Section 100 CPC against judgments dated 02.08.2019 and 18.07.2017. Essential facts involve amicable settlement of dispute between parties via letter dated 15.04.2026. Court records the memo and permits withdrawal. Second Paragraph: Issue framed as request for permission to withdraw due to settlement. Ratio decidendi holds that upon settlement, proceedings are closed without adjudication on merits. Last Paragraph: C.M.P.No.12748 of 2022 dismissed as withdrawn; second appeal rejected at SR stage.
O R D E R
The learned counsel appearing for the petitioner/appellant filed a Memo dated 16.04.2026 stating that the petitioner by Letter dated 15.04.2026 informed him that the dispute between the parties has been amicably settled. Therefore, he seeks permission of the Court to withdraw the matter. The memo filed by the petitioner/appellant is recorded.
2. Accordingly, C.M.P.No.12748 of 2022 is dismissed as withdrawn.
As a necessary consequence, the second appeal in S.A.Sr.No.65224 of 2022 is rejected in SR stage.
