U.Shareef, Hyd vs Ameena Begum Madhavi Latha, 2 ...

Citation : 2021 Latest Caselaw 416 Tel
Judgement Date : 12 February, 2021

Telangana High Court
U.Shareef, Hyd vs Ameena Begum Madhavi Latha, 2 ... on 12 February, 2021
Bench: Hima Kohli, B.Vijaysen Reddy
     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                     AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


              I.A.No. 1 OF 2021 in/& F.C.A.No. 10 of 2017
                      and F.C.A. No. 187 of 2016

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    I.A.No.1 of 2021 has been moved by the appellants in

F.C.A.No.1 of 2017 (respondents in F.C.A.No. 187 of 2016) seeking

to place on record the Memorandum of Compromise dated 29.08.2020, wherein the parties have arrived at a comprehensive settlement.

2. Learned counsel for the appellants states that under the Memorandum of Compromise, the respondent (father of the appellants No.2 and 3 and appellant in F.C.A.No.187 of 2016) has paid a sum of Rs.1 Crore collectively to his daughters in full and final settlement of their maintenance and any future claims against him. Besides the sum of Rs.1 Crore, the respondent has executed and registered two separate gift settlement deeds dated 05.01.2021 in favour of the respondents No.2 and 3 respectively in respect of the agricultural land situated in Tadipatri Village, Bhootpur Mandal, Mahabubnagar District, as detailed in para 1 of the Memorandum of Compromise and a sale deed dated 02.09.2020 in favour of the respondent No.1 in respect of a flat situated in Red Hills, Hyderabad, as detailed in para 6 thereof. The parties have also agreed that the F.C.A.Nos.10 of 2017 & 187 of 2016 Page 1 of 3 appellant No.1 (wife of the respondent) shall remain the absolute owner of the agricultural land admeasuring Acs.15.04 guntas situated in Tadipatri Village, Bhootpur Mandal, Mahabubnagar District. Further, the parties have already withdrawn all their pending inter se litigations.

3. Learned counsel for the appellants states that in view of the aforesaid comprehensive settlement, nothing survives for adjudication in the present appeals.

4. Mr. M.A.K.Mukheed, learned counsel for the respondent/husband, on instructions from his client, who is present in the virtual hearing, confirms the terms and conditions recorded in the said Memorandum of Compromise and states that he has no objection to the same being taken on record and the present appeals being disposed of in terms thereof.

5. We have heard the learned counsel for the parties. The appellants No.1 to 3 and the respondents have logged into the hearing and confirmed the settlement recorded in the Memorandum of Compromise dated 29.08.2020 out of their own free will and volition and without any undue pressure or coercion from any quarters. They state that they shall abide by the terms and conditions of the settlement and request that the present appeals may be disposed of in terms thereof.

6. Accordingly, I.A.No. 1 of 2021 is allowed, the Memorandum of Compromise is taken on record while binding the parties to the F.C.A.Nos.10 of 2017 & 187 of 2016 Page 2 of 3 conditions recorded therein. Both the appeals are disposed of along with the pending applications, if any.

_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 12.02.2021 Lur F.C.A.Nos.10 of 2017 & 187 of 2016 Page 3 of 3