1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM SA (MD) No.7 of 2011 and MP(MD)No.1 of 2011 V.Selvalingam .. Appellant/Plaintiff Vs. 1.Veluchamy 2.Swaminathan .. Respondents/Defendants Second Appeal filed under section 100 of CPC against the Judgment and decree dated 25.08.2010 passed in Appeal Suit No.28 of 2008 by the Sub Court, Palani confirming the Judgment and decree dated 25.04.2008 passed in Original Suit No.83 of 2007 by the District Munsif Court, Oddanchatram. For Appellant : Mr.S.Karthik For Respondents : Mr.S.Anand Chandrasekar for Sarvabhauman Associates JUDGMENT This second appeal has been preferred against the concurrent Judgments and decrees passed in Original Suit No.83 of 2007 by the District Munsif Court, Oddanchatram and in Appeal Suit No.28 of 2008 by the Sub Court, Palani. 2. The appellant herein as plaintiff has instituted Original Suit No.83 of 2007 on the file of the trial Court for the reliefs of declaration and perpetual injunction, wherein the present respondents have been shown as defendants. The trial Court has dismissed the suit. Against the Judgment and decree passed by the trial Court, the plaintiff as appellant has preferred Appeal Suit No.28 of 2008 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 dismissed the appeal and thereby confirmed the Judgment and decree passed by the trial Court. Against the concurrent Judgments and decrees passed by the Courts below the present second appeal has been preferred at the instance of the plaintiff as appellant. 4. During pendency of the the present second appeal, a compromise petition has been filed in MP(MD)No.2 of 2011 and accordingly the appellant as well as respondents along with their counsel are present and the terms of compromise have been read out to https://hcservices.ecourts.gov.in/hcservices/ 2 them and ascertained that they entered into compromise. Under the said circumstances, compromise petition filed in MP(MD)No.2 of 2011 can be allowed and further in terms of compromise, the present second appeal can be disposed of. 5. In fine, this second appeal is disposed of in terms of compromise. The Registry is directed to incorporate the terms of compromise in the decree. Connected MP(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Palani 2.The District Munsif Court, Oddanchatram +1cc to Mr.Sarvabhauman Associates, Advocate , Sr.No.7667 +1cc to Mr.S.Karthik, Advocate, Sr.No.7543 SA (MD) No.7 of 2011 mj SMA/26.4.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/