Abdul Jabbar vs Smt. Khairunnissa Begum

Citation : 2022 Latest Caselaw 5917 Tel
Judgement Date : 16 November, 2022

Telangana High Court
Abdul Jabbar vs Smt. Khairunnissa Begum on 16 November, 2022
Bench: A.Santhosh Reddy
     HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

          I.A.No.1 OF 2022 IN/AND S.A.No.23 OF 2019
                              &
          I.A.No.1 OF 2022 IN/AND S.A.No.32 OF 2019

COMMON JUDGMENT:

       Appellants and respondents in both the appeals are present.

Learned counsel for both parties are present and they are identified by their respective counsel.

2. Vide order dated 26.09.2022, this court, after recording the submissions made by learned counsel for the appellants and respondents, directed the parties to appear before the High Court Legal Services Committee on 10.10.2022 for their identification and directed to list the matters after their identification. As one of the parties failed to appear before the said Committee, this court had again, on 18.10.2022, granted time to the parties to appear before the said Committee on 29.10.2022. In compliance with the order dated 18.10.2022, the Committee after verifying the aadhar cards submitted by them, has submitted report dated 04.11.2022 stating that the identity of the parties is established. 2

3. The parties in both the appeals have filed applications i.e., I.A.No.1 of 2022 in S.A.No.23 of 2019 and I.A.No.1 of 2022 in S.A.No.32 of 2019 to record compromise and to allow the appeals by setting aside the judgment and decree dated 19.02.2010 in O.S.No.1560 of 2006, on the file of the II-Additional Senior Civil Judge, Ranga Reddy, at L.B.Nagar, which was confirmed in A.S.No.91 of 2011 and A.S.No.202 of 2010, on the file of the XIII-Additional District Judge, Ranga Reddy District, at L.B.Nagar by judgment and decree dated 12.12.2007. They have also filed joint memorandum of compromise. The same is taken on record.

4. It is stated by both parties in the joint memorandum of compromise that during the pendency of the above appeals, with the intervention of the elders, brothers and sisters i.e., appellants and respondent Nos.1 to 4 in both the appeals negotiated and settled the dispute. The appellants have agreed to give an amount of Rs.30,00,000/-(Rupees thirty lakhs only) to each one of the sisters towards full and final settlement and they have also agreed and accepted the same and they also agreed to relinquish or withdraw their claims in favour of appellants and all of them 3 entered into an MOU dated 18.09.2021 and supplementary MOU dated 14.02.2022. The sisters in both the appeals received the entire amount as per the MOU i.e., each of them received Rs.30,00,000/- and they filed an affidavit stating that they have no objection to set aside the decree and judgment in O.S.No.1560 of 2006, on the file of the II-Additional Junior Civil Judge, Rang Reddy District, at L.B.Nagar and confirmed in A.S.No.91 of 2011 and A.S.No.202 of 2010, on the file of the XIII Additional District Judge, R.R. District at L.B.Nagar.

5. In view of the settlement of the dispute between the parties amicably outside the court in terms of the compromise arrived at between them, the second appeals are allowed, in terms of the joint memorandum of compromise, which shall form part of the record. There shall be no order as to costs.

6. Miscellaneous applications, if any pending, shall stand closed.

_______________________ A.SANTHOSH REDDY, J 16.11.2022 Lrkm