BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2011 CORAM THE HON`BLE MR.JUSTICE A.SELVAM SA(MD) No.102 of 2011 and MP(MD).No.1 of 2011 1 B.SATHIYAMBIGAI @ SATHYA 2 SARASWATHI ... Appellants/Plaintiffs Vs 1 R.PALANICHAMY 2 P.KUPPUSAMY ... Respondents/Defendants Second Appeal filed under section 100 of CPC against the Judgment and decree dated 30.11.2010 passed in Appeal Suit No.2 of 2010 by the Sub Court, Palani, reversing the Judgment and decree dated 25.11.2009 passed in Original Suit No.63/2008 by the District Munsif Court, Oddanchatram. For Appellants : Mr. R. Vijayakumar For R-2 : Mr. S.Anand Chandrasekar for Sarvabhauman Associates For R-1 : Mr. P. Thiagarajan JUDGEMNT This second appeal has been preferred against the Judgment and decree passed in Appeal Suit No.2 of 2010 by the Sub Court, Palani, wherein the Judgment and decree passed in Original Suit No.63 of 2008 by the District Munsif Court, Oddanchatram are reversed. 2.The appellants herein as plaintiffs have instituted Original Suit No.63 of 2008 on the file of the trial Court for the reliefs of partition and separate possession of their shares, wherein the present respondents have been shown as defendants. The trial Court has decreed the suit as prayed for. Against the Judgment and decree passed by the trial Court, the defendants as appellants have preferred Appeal Suit No.2 of 2010 on the file of the first appellate Court. 3.The first appellate Court after hearing both sides and upon reappraising the evidence available on record has allowed the appeal and thereby set aside the Judgment and decree passed by the trial Court and ultimately dismissed the suit. Against the Judgment and decree passed by the first appellate Court, the present second appeal has been preferred. https://hcservices.ecourts.gov.in/hcservices/ 4. During pendency of the present second appeal, both the plaintiffs and defendants have entered into compromise which resulted in filing a compromise petition and accordingly both the appellants and respondents have been directed to make their appearance and all of them have made their appearance and they have been identified by their respective counsel. Under the said circumstances the compromise petition filed by both parties can be allowed. Since the compromise Petition filed by both parties can be allowed, this second appeal can be disposed of in terms of compromise. 5. In fine, this second appeal is disposed of on the basis of the above observation and final decree is passed accordingly. The Registry is directed to incorporate the terms of compromise in final decree. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar TO 1 THE SUBORDINATE JUDGE,PALANI. 2 THE DISTRICT MUNSIF,ODDANCHATRAM. +1. C.C. to M/S.SARVABHAUMAN ASSOCIATES Advocate SR.No.14629 MJ AA/19.02.2015/2p- 4c/ SA(MD) No.102 of 2011 21.04.2011 https://hcservices.ecourts.gov.in/hcservices/