Judgment :- 1. A Memo has been filed before this Court on 29.01.2010 to the effect that the First Appellant Viz., Ammaniammal, the mother of the Second Appellant expired on 06.11.1999 pending the Second Appeal. It is brought to the notice of this Court that the Second Appellant Viz., Gowri Ammal is the daughter and Legal Heir of the Deceased First Appellant. Therefore, the Second Appellant is to be brought on record as Legal Heir of the Deceased First Appellant. 2. In view of the fact that the Second Appellant is the daughter and Legal Heir of the Deceased First Appellant, in the interest of justice, the memo filed to that effect is hereby recorded. 3. That apart, the Learned counsel for the appellant has now made an endorsement that the Second Appeal is settled out of Court and hence, the appellant may be permitted to withdraw the Second Appeal. 4. In view of the fact that the Second Appeal is settled out of court, this Court dismisses the Second Appeal as settled out of court. There shall be no orders as to costs.