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.5When 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.6Issues
1. Whether the appellants’ request to withdraw the second appeals should be permitted
Source reference: p.62. What order should follow from the withdrawal request
Source reference: p.6Law Applied
The appeals were brought under Section 100 of the Code of Civil Procedure, 1908, which governs second appeals
Source reference: p.5The 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.6Reasoning
The Court recorded the appellants’ memo seeking withdrawal and noted that the respondents did not object to simple withdrawal
Source reference: p.6In those circumstances, it did not adjudicate the merits of either second appeal and dismissed both as withdrawn
Source reference: p.6Holding
The Court permitted the appeals to be withdrawn
dismissed S.A. Nos. 1048 and 1049 of 2008 as withdrawn, with no order as to costs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.6Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
Original Court PDF
KRISHNAMURTHY MUDALIAR(DIED)vsCHELLAPPAPA
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