HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR SECOND APPEAL No.212 OF 1997 Dated 22-3-2010 Between: Burri Rukminiamma and others. …Appellants. And: N.Subramanyachari and others. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR S.A.M.P.No.450 of 2010 & SECOND APPEAL No.212 OF 1997 JUDGMENT: S.A.M.P.No.450 of 2010 was filed by respondents 9 and 10 in S.A.No.212 of 1997 supported by the affidavit of the 9th respondent. The affidavit states that the father of 9th and 10th respondents N.Subrahmanyachari had filed O.S.No.254 of 73 on the file of the Principal District Munsif Court, Puttur against the appellants which was decreed on 12-9-1985 and regular appeal in A.S.No.22 of 1990 on the file of the Subordinate Judge, Puttur filed by the deceased first defendant was also dismissed by the Judgment and Decree dated 16-12-1996. The present Second Appeal is preferred by the defendants/appellants before this Court. Now the petitioners who are contesting respondents in the second appeal have entered a settlement and according to the 9th and 10th respondents who succeeded to the original plaintiff N.Subrahmanyachari, they have agreed to withdraw the suit itself. Another affidavit is filed which is sworn by the 10th respondent which also confirms that the affidavit of 9th respondent referred to above and in view of the said settlement among the parties outside the Court, the suit O.S.No.254 of 1973 itself is agreed to be withdrawn, consequently, both the learned counsel appearing for the appellants and the said contesting respondents requested that in view of the said settlement, the Second Appeal be allowed and the suit O.S.No.254 of 1973 on the file of the Principal District Munsif, Puttur be dismissed as withdrawn. Accordingly, the suit in O.S.No.254 of 1973 is dismissed and consequently, the Second Appeal stands allowed. No costs. _____________________________________ Justice VILAS V. AFZULPURKAR Dated 22-3-2010. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR SECOND APPEAL No.212 OF 1997 Dated 22-3-2010