RAMASAMY GOUNDER Vs. PONNUSAMY

JUDGEMENT

(1.) BY judgment dated 07.01.2003, this court permitted the respondents-plaintiffs to withdraw the suit in O.S.No.1593 of 1979 on the file of Principal Sub Court, Coimbatore.

(2.) THE Second Appeal Nos. 450, 482 and 486 of 1989 arose against the judgment and decree passed in O.S.No.1593 of 1979. By Judgment dated 07.01.2003, this court disposed of Second Appeal Nos. 482 and 486 of 1989. However in respect of the above second appeal, since the appellant-defendants has not settled the matter, this appeal was kept pending. Now that the respondents/plaintiffs had withdrawn the Suit No. 1593 of 1979, nothing survives in the above second appeal for adjudication. However learned counsel appearing for the appellant submitted that the appellant has not settled the dispute with the respondent in the above Second Appeal. Since the respondents/plaintiffs had withdrawn the suit in O.S.No.1593 of 1979, the above second appeal is liable to be dismissed as infructuous.