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Sharma v Rasiga [2025] FJCA 61; ABU063.2023 (14 April 2025)

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