THE HON'BLE SRI JUSTICE M.LAXMAN
SECOND APPEAL NO.694 OF 2012
JUDGMENT:
The back ground of the facts for filing the present Second Appeal is that the suit was filed for declaration and injunction filed by the 5th respondent herein against respondents 1 to 4. Respondent Nos.1 to 4 are predecessors in title of respondents 7 to 10 and 11 herein.
2. Pending the suit, it is stated that there was compromise between the plaintiff and defendants. On the basis of the terms of compromise entered by the parties, the trial Court after recording the terms of compromise, decreed the suit.
3. Aggrieved by the said judgment and decree, the respondents 1 to 4 preferred A.S.No.404 of 2003, challenging the judgment and decree passed in terms of the compromise. The Court dismissed the said appeal holding that the appeal is not maintainable.
4. Aggrieved by the said judgment, the respondents filed Second Appeal No.285 of 2008 and the said appeal was dismissed on 07.03.2013.
5. The present appellant is the third party who has purchased part of suit schedule property from the first respondent herein and he filed an application to implead him as party to A.S.No.404 of 2003 and the said application was dismissed. Therefore, he filed the present Second Appeal.
6. The present appeal is filed claiming rights under the first respondent. When the appeal filed by the first respondent is dismissed, the appeal filed by the appellant is not maintainable.
7. Accordingly, the Second Appeal is dismissed. As a sequel, the miscellaneous petitions pending if any shall stand closed.
________________ M.LAXMAN, J Date: 09.11.2021.
Shr.
THE HON'BLE SRI JUSTICE M.LAXMAN SECOND APPEAL NO.694 OF 2012 Date: 09.11.2021.
Shr.