Palanisamy v. P.Mekala
Case brief
What is this about?
The High Court of Judicature at Madras dismissed a civil miscellaneous appeal filed under Order 43 Rule 1(r) CPC as withdrawn upon the appellant's counsel endorsing that the matter was settled. Connected petitions were also closed.
What did the court decide?
The Civil Miscellaneous Appeal is dismissed as withdrawn. Connected miscellaneous petitions are closed. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:12.09.2018
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
CMA.No.1957 of 2012
and
M.P.Nos.1, 2 & 3 of 2012
Palanisamy ... Petitioner
Versus 1.P.Mekala 2.P.Menaka ... Respondents
PRAYER: Civil Miscellaneous Appeal has been filed under Order 43, Rule 1(r) of the Code of Civil Procedure r/w Section 104 of the Code of Civil Procedure, to allow the above Civil Miscellaneous Appeal and set aside the order and decretal order dated 31.05.2012 made in I.A.No.247 of 2012 in O.S.No.92 of 2012 on the file of the Principal District Court, Namakkal.
For Appellant : Mr.T.Dhanyakumar
For Respondents : Mr.N.Umapathi * * * * * J U D G M E N T
Issues for consideration
2 issues framed by the court
Whether the civil miscellaneous appeal filed under Order 43 Rule 1(r) CPC can be allowed when the appellant seeks to withdraw the appeal via an endorsement stating the matter is settled?
Whether consent to withdraw an appeal by counsel is sufficient for the court to dismiss the appeal as withdrawn?
Parties & counsel
- appellant
Palanisamy
- respondent
P.Mekala
- respondent
P.Menaka
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court