G KRISHNAN Vs. SAMALPATTI VILLAGERS

JUDGEMENT

(1.) Challenge in this Second Appeal is made to the judgment and decree dated 30.11.1999 passed in A.S.No.79 of 1997 on the file of II Additional District and Sessions Judge/Chief Judicial Magistrate's Court, Krishnagiri reversing the judgment and decree dated 16.08.1995 passed in O.S.No.399 of 1990 on the file of District Munsif Court, Krishnagiri.

(2.) The second appeal has been admitted on the following substantial questions of law.

(3.) Considering the scope of issue involved in this Second Appeal lying in a narrow compass, it is not necessary to dwell into facts of the case in detail. The suit has come to be laid by the plaintiff for declaration, permanent injunction and mandatory injunction. The said suit laid by the plaintiff has been resisted by the defendants on various grounds. Based on the materials projected by the respective parties, it is found that the suit has come to be dismissed by the trial court. Aggrieved over the same, it is found that the plaintiff has preferred the first appeal. It appears that in the first appellate court, a memo of compromise had been filed on behalf of the plaintiff and the defendants and based on the abovesaid memo of compromise, the first appellate court had disposed of the first appeal in terms thereof. Aggrieved over the same, the present second appeal has been preferred.