IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]
CIVIL APPEAL NO. ABU 063 of 2023
[In the High Court at Lautoka Case No. 0311 of 2003]

BETWEEN:
SUNIL DEO SHARMA and MAYA WATI both of 5042 Hemlock Street, Sacramento CA 9584 as Executors and Trustees of the Estate of Deo Prasad late of Viseisei, Vuda.
Appellants
[Original Plaintiffs]

AND:
TUKAI RASIGA of Viseisei, Lautoka, Unemployed.
Respondent
[Original Defendant]
				
Coram: Prematilaka, RJA

Counsels:  Mr. P. Niubalavu for the Appellants 
                  Respondent in person 

Date of Notice of 
Discontinuance: 19 December 2024 

Date of Ruling: 14 April 2025

  RULING IN CHAMBERS

[1]	The court file along with the notice of discontinuance was forwarded to me for a ruling in Chambers on 09 April 2025 when it had been filed in the Court of Appeal Registry on 19 December 2024.  Hence, the delay in delivering this ruling. 

[2]	The appellant (original plaintiff) had filed a notice of appeal on 11 July 2023 containing grounds of appeal against the High Court ruling delivered on 15 June 2023.   

[3]	Security for cost of $3000.00 had been determined on 20 September 2023 and duly paid on 20 October 2023 by the appellant.  

[4]	However, the solicitors for the appellant had on 19 December 2024 filed a Notice of Discontinuance which had been signed by the respondent as well. The respondent had consented to the withdrawal of the appeal.   

Orders of the Court: 

[1]	  The application by the appellant to withdraw/discontinue the appeal is allowed.
[2]	Appeal is accordingly dismissed in terms of section 20(1)(h) of the Court of Appeal Act.  
[3]	No order as to cost.   

Hon. Mr. Justice C. Prematilaka
RESIDENT JUSTICE OF APPEAL

Solicitors:
Messrs Fazilat Shah Legal Lawyers for the Appellants
Respondent in person