M/S Madhavi Engineering Company vs Hind Rerolling Industries
2021 Latest Caselaw 3321 Tel

                 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.