THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO
I.A.No.1 of 2023
IN/AND
APPEAL SUIT No.37 OF 2009
COMMON ORDER:
1. I.A.No.1 of 2023 is filed by the petitioners/appellants
seeking to dispose of the A.S.No.37 of 2009 in view of the terms
and conditions of the compromise.
2. The respondent/plaintiff filed a suit in O.S.No.205 of 2002
for grant of injunction, later the plaint was amended as per orders in I.A.No.14 of 2000, I.A.No.980 of 2001 and I.A.No.1196 of 2002 dated 22.01.2003, for declaration of title and recovery of possession. The respondent/plaintiff was bequeathed plaint schedule property under a Will executed by Chellamkuri Srirama Murthy in the year 1961. Plaintiff has been in possession and paying taxes to the revenue authorities, but the defendants started proclaiming that they would forcibly trespass into the plaint schedule property. After considering the evidence on record, the learned Principal Senior Civil Judge, Kakinada, [for short, "the trial Court"] decreed the suit with costs, directing the defendants 2 to 5 and 9 to 11 to deliver possession of plaint schedule property within one month from the date of decree, failing which, the plaintiff is at liberty to get delivery of plaint schedule property. 2
3. Aggrieved by the Decree and Judgment dated 05.01.2009 in O.S.No.205 of 2001 passed by the trial Court, the appellants/defendants 4 and 5 preferred this appeal questioning the correctness of the Decree and Judgment passed by the Trial Court.
4. Today, when the matter is taken up for hearing, both parties in the appeal are present and they are identified by their learned counsel. The terms and conditions of compromise are read over to the parties and they are admitted as true and correct. In pursuance of the said compromise made in I.A.No.1 of 2023, at the instance of elders, well-wishers and relatives, to put an end to litigation, they have compromised and settled the matter amicably out of the Court in the presence of elders and well wishers and got entered into a Memorandum of Compromise dated 24.08.2023. In terms of Memorandum of Compromise, the 1st respondent/plaintiff is relinquishing all his rights, title and claim over the suit plaint schedule property in favour of the appellants/defendants 4 and 5 herein on receipt of Rs.30,00,000/-(Rupees Thirty Lakhs Only). It is stated in the Memo filed by 1st respondent/plaintiff that out of the aforesaid amount, an amount of Rs.5,00,000/- each totalling 3 Rs.10,00,000/- by way of account transfer on 27.07.2023, Indian Overseas Bank, Pallamkur Branch and the remaining amount of Rs.20,00,000/- by way of cash on 27.07.2023, was received by the 1st respondent/plaintiff towards full and final settlement.
5. A memo is filed vide USR No.88281 of 2023 on behalf of 1st respondent/plaintiff explaining the receipt of Rs.30,00,000/- (Rupees Thirty Lakhs only) from the appellants/defendants 4 and 5 and the same is recorded.
6. On being satisfied with the terms and conditions of compromise and in view of the amicable settlement made by both parties, I.A.No.1 of 2023 is allowed and consequently the appeal is disposed of in terms of the compromise dated 24.08.2023 arrived by the appellants and 1st respondent. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
_________________________________ JUSTICE T.MALLIKARJUNA RAO Date: 31.08.2023 RSD 4 THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO I.A.No.1 of 2023 In/and APPEAL SUIT NO.37 OF 2009 DATE: 31.08.2023 RSD