CHELLAMMALU AMMA Vs. GOPALAKRISHNA MENON

JUDGEMENT

(1.) In this appeal the decree of the lower court granting a partition at the instance of the plaintiffs is under challenge.

(2.) The appellants are defendants 59 to 73 in O. S. 4 of 1958 on the file of the District Court, Palghat, who opposed the claim of the plaintiff to maintain the suit for partition or to get a decree for partition in any manner whatsoever. But those contentions were negatived by the lower court, and ultimately the plaintiff's claim for partition of 14/50 shares was granted. That decree is under challenge in this appeal.

(3.) The appellants have filed an application, C. M. P. 3730 of 1965 through their advocate Mr. K. P. Madhava Menon, for permission to allow his clients to withdraw the appeal. It is stated in the affidavit in support of the said application that the disputes between the plaintiffs, the appellants and other defendants who have filed the joint statement and statements agreeing to the settlement, have been resolved, and as such they are not pressing the present appeal. On this the only course open to this Court is to permit the appellants to withdraw the appeal on the basis of the memo filed.