THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
I.A. No. 1 of 2023
IN/AND
A.S. No. 759 of 2009
COMMON JUDGMENT:
The present appeal is filed by the defendant No. 3 against the
judgment and decree dated 27.07.2009 made in O.S. No. 40 of 2004 on
the file of the Senior Civil Judge at Bhongir. By the impugned
judgment, the learned trial Court decreed the suit of the plaintiff by
partitioning the plaint schedule item Nos. 1 to 4, 9 & 10 properties into
four equal shares and allotting one such share to the plaintiff and the
remaining three shares to the defendant Nos. 1 to 3 each apart from
awarding mesne profits and future mesne profits in favour of the
plaintiff. Pendente lite the proceedings, upon the death of respondent
No. 2, defendant No. 1 in the suit, respondent Nos. 4 to 8 came on record as her legal representatives.
During pendency of the appeal, the appellant filed an application i.e., I.A. No. 1 of 2023 to record the compromise entered between the parties and to dispose of the appeal in terms of the compromise. A memorandum of compromise entered between the parties, dated 10.02.2023 is appended along with the I.A. A map is attached with the memorandum of compromise showing the allotment of lands to the respective share of the parties specifically showing in different colours.
Today the appellant as well as the respondents are present in the Court and produced their original Aadhar Cards. They are identified by their respective counsel. In the compromise memo, it has been stated 2 that due to the intervention of the well wishers and relatives, the parties have compromised the dispute on certain terms that are set forth in the Memorandum of Compromise. When examined, the parties reiterated the contents of the Memorandum of Compromise and stated that they got compromised the dispute and jointly prayed for dispose of the appeal in terms of the said compromise.
In view of the above and having regard to the compromise arrived at between the parties, the I.A. No. 1 of 2023 is ordered. The Memorandum of Compromise shall form part of the record.
Consequently, A.S. No. 759 of 2009 stands disposed of in terms of the Memorandum of Compromise entered between the parties. No order as to costs.
Registry is directed to draft the decree in terms of the compromise and a copy of the compromise memo be appended to the decree.
Miscellaneous petitions, pending if any, shall stand closed.
_______________________________ JUSTICE M.G. PRIYADARSINI 20.02.2023 gms 3 THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI I.A. No. 1 of 2023 IN/AND A.S. No. 759 of 2009 DATE:20-02-2023