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Kumar v Thaandu [2025] FJCA 145; ABU045.2025 (15 September 2025)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]

CIVIL APPEAL NO. ABU 0045 of 2025
[In the Suva High Court Action No. HBC 138 of 2021]

BETWEEN:
RAJNAL ROHNESH KUMAR of Lot 24, Vuci South Road, Nausori.
1^st Appellant

PARMESHNI LATA a Lot 24, Vuci South Road, Nausori.
2^nd Appellant

AND:
NAGARAJU THAANDU of Auckland, New Zealand.
Respondent

Coram: Prematilaka, RJA

Counsel before: Mr. M.H.M. Ajmeer for the Appellants
the Chief Registrar: Mr. S. Sharma for the Respondent

Date of Notice of
Discontinuance: 21 August 2025

Date of Ruling: 15 September 2025

RULING IN CHAMBERS

[1] The court file along with the notice of discontinuance was forwarded to me for a ruling in Chambers on 26 August 2025.

[2] The appellants (original defendants) had filed a notice of appeal on 20 May 2025 containing grounds of appeal against the High Court judgment delivered on 08 May 205.

[3] Security for cost of $3000.00 had been determined on 17 July 2025 by the Chief Registrar and duly paid on 12 August 2025 by the appellants.

[4] However, the solicitors for the appellants had on 21 August 2025 filed a Notice of Discontinuance seeking to discontinue 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:
S Nand Lawyers for the Appellants
MESSRS Patel & Sharma for the Respondent