Madras High Court
Civil Procedure and EvidenceCivil Law

Second appeals dismissed as withdrawn, with no order as to costs.

KRISHNAMURTHY MUDALIAR(DIED) vs CHELLAPPAPA

Madras High CourtJUDGMENT: October 09, 20261 MIN READSOURCE JUDGMENT
Second appeals dismissed as withdrawn, with no order as to costs.. KRISHNAMURTHY MUDALIAR(DIED) vs CHELLAPPAPA. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellants filed two second appeals under Section 100 of the Code of Civil Procedure, 1908, challenging the Subordinate Judge, Chidambaram’s judgments dated 31 August 2007, which had affirmed the Principal District Munsif, Chidambaram’s decrees in O.S. Nos. 150 of 2001 and 230 of 1997

Source reference: p.5

When the appeals were taken up, counsel for the appellants circulated a memo seeking permission to withdraw them; the respondents had no objection to simple withdrawal

Source reference: p.6
02

Issues

1. Whether the appellants’ request to withdraw the second appeals should be permitted

Source reference: p.6

2. What order should follow from the withdrawal request

Source reference: p.6
03

Law Applied

The appeals were brought under Section 100 of the Code of Civil Procedure, 1908, which governs second appeals

Source reference: p.5

The judgment did not discuss or apply any further statutory rule, precedent, or substantive legal doctrine; it disposed of the matters on the basis of the withdrawal memo and the respondents’ lack of objection

Source reference: p.6
04

Reasoning

The Court recorded the appellants’ memo seeking withdrawal and noted that the respondents did not object to simple withdrawal

Source reference: p.6

In those circumstances, it did not adjudicate the merits of either second appeal and dismissed both as withdrawn

Source reference: p.6
05

Holding

The Court permitted the appeals to be withdrawn

dismissed S.A. Nos. 1048 and 1049 of 2008 as withdrawn, with no order as to costs

Source reference: p.6
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Madras High Court

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KRISHNAMURTHY MUDALIAR(DIED)vsCHELLAPPAPA

Madras High Court · October 09, 2026

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