Telangana High Court
Smt. Bobbala Bobballa Jyothi vs Katukuri Venkat Reddy on 19 November, 2024
Author: P.Sam Koshy
Bench: P.Sam Koshy, N.Tukaramji
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
I.A.No.3 of 2024
In/and
APPEAL SUIT NO.68 OF 2024
COMMON JUDGMENT:
(Per Hon'ble Sri Justice N.Tukaramji) We have heard Mr.Ramachandar Rao Vemuganti, learned counsel for the appellants/defendants and Mr.S.Maneesh Reddy, learned counsel, representing Mr.R.Anurag, learned counsel on record for the respondent/plaintiff.
2. This appeal has been preferred challenging the decree and judgment dated 11.07.2023 in O.S.No.117 of 2015 passed by the learned Principal District Judge, Karimnagar, whereby the suit for specific performance of agreement of sale dated 08.08.2012 in respect of suit schedule house property has been accepted and decreed in favour of the plaintiff with a direction to deposit the balance sale consideration of Rs.30,00,000/-, within two months from the date of judgment i.e. on or before 11.09.2023 whereafter directed the defendant Nos.3 and 4 and also as legal representatives of defendant Nos.1 and 2 to execute registered sale deed.
2 PSK,J & NTR,J I.A.No.3 of 2024 in/and A,S.No.68 of 2024 Challenging the impugned decree and judgment, the defendant Nos.3 and 4 filed this appeal.
3. During pendency of this appeal, the parties came up with I.A.No.3 of 2024 and would submit that the parties have amicably settled the issues in the appeal between themselves in terms of Memorandum of Understanding dated 30.08.2024 and by recording the same and to dispose of the appeal in terms of the agreement.
4. Today, the parties are present in person before the Bench and they were identified by their respective counsel.
5. On enquiry by the Bench, all the parties expressed that they have voluntarily entered into settlement in terms of Memorandum of Understanding and the same has been acted upon.
6. The Memorandum of Understanding reads as follows:
1. That the First Party herein being appellants in A.S.No.68 of 2024 have paid Rs.50,00,000/- (Rupees Fifty Lakhs only) by way of cash in three instalments, 1st instalment of Rs.21,00,000/- on
07.08.2024 and Rs.9,00,000/- on 13.08.2024 and Rs.20,00,000/- today i.e. on 30.08.2024 towards Final Settlement in respect of the present Case to the 2nd party i.e. respondent in this appeal and the respondent acknowledged the same. That the 1st party herein has no objection for withdrawal of the amount of Rs.30,00,000/- (Rupees Thirty Lakhs only) by the 2nd party to have been deposited by himself/2nd party herein before the District Judge, Karimnagar, in 3 PSK,J & NTR,J I.A.No.3 of 2024 in/and A,S.No.68 of 2024 pursuance to the compliance of the condition imposed in the Judgment and Decree in O.S.No.117 of 2015, dated 11.07.2023 on the file of the learned Principal District Judge, Karimnagar, and in view of this Compromise/Settlement arrived between the 1st party and the 2nd party herein over the subject matter of the Suit Property covered in the said Suit pending before the Hon'ble High Court in A.S.No.68 of 2024.
2. That the 1st party herein has no objection in the event of filing an application by the 2nd party for withdrawal of deposit amount of Rs.30 Lakhs by the 2nd party herein in the Suit and the 1st party undertakes to cooperate with the same in the suit proceedings.
3. That both the parties herein undertakes that the issue stands resolved and that neither parties will again approach the Courts in respect of the subject matter of the Suit by raising any claims whatsoever and both the parties agreed by way of mutual consent Memorandum of Compromise that the same is binding between the parties herein including the legal heirs/legal representatives whomsoever at present and in future, in respect of the Schedule Property of the Appeal as well as the Suit.
4. That by virtue of this Memorandum of Understanding, the claims of the 2nd party stands cancelled and the 2nd party has no objection for sale or transfer of the Suit property by the 1st party in any manner whatsoever and that the 2nd party do not have any interest over the Suit property from hereafter and if any such claims made by the 2nd party hereinafter shall not be valid.
5. That the 2nd party i.e. respondent in the above Appeal has no objection for setting aside the impugned Judgment and Decree in O.S.No.117 of 2015, dated 11.07.2023 on the file of the Principal District Judge, at Karimnagar and also has no objection for allowing the Appeal A.S.No.68 of 2024 pending before this Hon'ble Court in 4 PSK,J & NTR,J I.A.No.3 of 2024 in/and A,S.No.68 of 2024 terms of the present Memorandum of Understanding entered into by and between the parties herein.
7. A perusal of the record is disclosing that the appellants/defendants have settled the issue involved in the appeal with the respondent/plaintiff by paying Rs.50,00,000/- and specified that the appellants/defendants have no objection for withdrawal of Rs.30,00,000/-, which was deposited by the respondent/plaintiff before the trial Court in pursuance of the impugned decree. These facts are elucidating that the Memorandum of Understanding has been acted upon between the parties.
8. Having regard to this development, we are of the considered view that as the conflict of interest and rights between the parties have been amiably settled and the terms of understanding are not in contravention with any public policy and to give quietus to the perplexities between the parties, recording the resolutions in the Memorandum of Understanding and resolving the Appeal Suit would be in the interest of justice.
9. Correspondingly, I.A.No.3 of 2024 is allowed. In effect, the Appeal Suit stands allowed in terms of Memorandum of 5 PSK,J & NTR,J I.A.No.3 of 2024 in/and A,S.No.68 of 2024 Understanding dated 30.08.2024. Office is directed to draw the decree accordingly. There shall be no order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
_______________ P.SAM KOSHY, J _______________ N. TUKARAMJI, J Date : 19.11.2024 Note: Issue CC by tomorrow i.e. 20.11.2024 B/o.
svl/ccm