Shree Siddivinayaka Agro ... vs Siddramaiah Swamy Died 5 Others

Citation : 2023 Latest Caselaw 558 Tel
Judgement Date : 2 February, 2023

Telangana High Court
Shree Siddivinayaka Agro ... vs Siddramaiah Swamy Died 5 Others on 2 February, 2023
Bench: M.G.Priyadarsini
  THE HON'BLE SMT. JUSTICE M. G. PRIYADARSINI

          A.S. No.9 of 2005 & TRAS No. 354 of 2007
                             AND
          I.A. NO. 1 OF 2023 IN A.S. NO. 9 OF 2005

COMMON JUDGMENT:

     When these matters are taken up for hearing, both

the learned counsel appearing for the parties have

submitted that in view of Exchange Deed vide document

No. 9 of 2018, dated 30.12.2017 entered between the

parties, no further adjudication is required and prayed to

dispose of both the matters in terms of the said Exchange

Deed.

     The learned counsel for the appellant has also filed

I.A. No. 1 of 2023 in A.S. No. 9 of 2005 for receiving the

registered Deed of Exchange vide document No. 9 of 2018,

dated 30.12.2017.      The said I.A. is not opposed by the

respondents.     Therefore, the I.A. stands ordered and the

Deed of Exchange, dated 30.12.2017 shall form part of the record.

In the circumstances, A.S. No. 9 of 2005 and TRAS No. 354 of 2007 shall stand disposed of in terms of the Exchange Deed entered between the parties, dated 2 30.12.2017. However, in view of the grievance of the respondents in respect of road margins of the subject property, they are at liberty to avail appropriate remedies in the suit in O.S. No. 16 of 2021 pending on the file of the Senior Civil Judge at Zahirabad. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand dismissed.

____________________________ JUSTICE M.G. PRIYADARSINI 02.02.2023 Tsr/gms 3 THE HON'BLE SMT. JUSTICE M. G. PRIYADARSINI A.S. No.9 of 2005 & TRAS No. 354 of 2007 AND I.A. NO. 1 OF 2023 IN A.S. NO. 9 OF 2005 DATE: 02.02.2023