THE HON'BLE SRI JUSTICE M. LAXMAN
SECOND APPEAL No.626 OF 1996
JUDGMENT:
1. The present appeal has been directed against the judgment and decree dated 19.07.1996 passed in A.S. No.11 of 1988 on the file of the Subordinate Judge at Bodhan, Nizamabad, wherein the appeal of the appellants/plaintiffs is allowed.
2. This appeal has been filed by the defendant.
3. During pendency of the present appeal, both parties to the appeal have filed I.A.No.1 of 2022 to record the terms of compromise and pass the judgment and decree in terms of the compromise.
4. This Court by order dt.26.04.2022 referred the parties to appeal before the High Court Legal Services Authorities to verify the truthfulness of the terms of compromise by verifying the identification of the parties to the proceedings. The Secretary, High Court Legal Services Authorities has submitted a report on 19.05.2022 regarding identity of the parties and confirmation of their signature on the Memorandum of compromise. The terms of compromise reads as follows:
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i) Both the parties herein have agreed to share that the total extent of Ac.5-11 guntas, which is the suit schedule property forming part of Sy.No.287/2 and Sy.No.287/3 situated at Pegadapalli village, Bodhan Taluk, Nizamabad District as under:
a) Ac.3-00 guntas towards the share of appellant/defendant No.2 herein.
b) Ac.2-11 guntas towards the share of respondent No.1/plaintiff.
ii) It is further agreed that the appellant/defendant will pay a sum of Rs.2,00,000/- (Rupees Two lakh) to the respondent No.1/plaintiff, which the both agreed to be just amount for settlement of the subject matter of the suit.
iii) The respondent No.1/plaintiff No.1 has agreed to execute a registered sale deed in respect of the property to an extent of Ac.3-00 guntas in Sy.No.287/3, situated at Pegadapalli village, Bodhan Taluk, Nizamabad District, in favour of the appellant No.2/legal heir of appellant No.1 and also to hand over the physical possession of the above mentioned property to her within 60 days from the date of recording the present compromise by the Hon'ble High Court.
5. Therefore recording the terms of the compromise as stated supra, the appeal is disposed of in terms of compromise. No order as to costs.
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6. As a sequel, pending miscellaneous applications, if any, shall stand closed.
_______________ M. LAXMAN, J DATE: 06.06.2022 BDR