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.
1st Appellant

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