Gopu Satyanrayana vs Sri Vijayalakshmi Finace, ...
2021 Latest Caselaw 2752 AP

                    THE HON'BLE Ms. J.UMA DEVI

                             A.S.No.408 of 2019

JUDGMENT:

Learned counsel for both sides present.

The parties are identified by their respective counsel. The

counsel who appeared for the appellant in the lower Court is also

present.

It is submitted by the learned counsel for the appellant and

the learned counsel for the respondent that the terms and

conditions mentioned in the Memorandum of Compromise are read

over and explained to them. Agreeing to abide by the terms and

conditions mentioned in the memorandum of compromise, they

have affixed their signatures.

A joint memo signed by the appellant and respondent and

their counsel as well is placed before the Court. The parties have

reported that the terms of the compromise are read over and

explained to them and agreeing to abide the same, they have

affixed their signatures in the presence of their advocates.

TERMS AND CONDITIONS MENTIONED IN THE MEMORANDUM OF COMPROMISE READ UNDER:

"That the appellant/defendant paid the total settled amount to the respondent/plaintiff in full and final settlement of the decree and judgment dated 16.04.2018 in O.S.No.01 of 2011 on the file of I Additional District Judge, East Godavari at Rajamahendravaram.

1) That the respondent/plaintiff hereby received the entire amount settled by him from the appellant/defendant under the decree and judgment dated 16.04.2018 in O.S.No.01 of 2011.

2) That the respondent/plaintiff hereby undertakes that he has no claim whatsoever nature against the appellant/defendant under the decree and judgment dated 16.04.2018 in O.S.No.01 of 2011 on the file of I Additional District Judge, East Godavari at Rajamahendravaram. So the deposits amounts made by the accused as pre order of High Court of A.P in CMP /2019 can be withdrawn or collected by accused.

3) That the respondent/plaintiff further undertakes that he will file appropriate applications before this Hon'ble Court for compound of offences under Section 138 of NI Act in C.C.No.661 of 2009 on the file of III Additional Judicial Magistrate of I Class, Rajahmundry and C.C.No.660 of 2009 on the file of III Additional Judicial Magistrate of I Class, Rajamahendravaram and take all steps for closing the Criminal Revision Case No.332 of 2019 and 333 of 2019 pending before this Hon'ble Court by the parties herein in terms of this compromise."

Having regard to the above, the appeal is disposed of in

terms of the conditions narrated in the memorandum of

compromise. There shall be a decree, accordingly as indicated

above.

Consequently, miscellaneous petitions pending, if any, in

this appeal, shall stand closed.

Registry is directed to return all the original documents, if

any, filed by both parties after furnishing the substituted copies

under proper acknowledgement in view of the settlement of the

appeal.

________________ J. UMA DEVI, J

Dated.30.07.2021 Note:

Issue cc by today.

B/o.

Gk

THE HON'BLE Ms. J.UMA DEVI

A.S.No.408 of 2019

Date:30.07.2021.

Gk.