S. Visweswara Rao vs S. Subbalakshmi
2021 Latest Caselaw 4730 AP

      THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

                       I.A.No.1 of 2021
                            in/and
                  APPEAL SUIT No.806 of 2002
                              and
                       I.A.No.1 of 2021
                            in/and
                  SECOND APPEAL No.3 of 2003

COMMON ORDER:-

     The appellant, respondents 2, 4, 6 and 7 in S.A.No.3 of 2003

are personally present and are identified by Sri S.Subba Reddy,

learned counsel for the appellant and Sri B.Nageswara Rao,

learned counsel for the respondents. The absence of

Sri K.Chakravarthi, who is arrayed as 5th respondent, is explained

by stating that the said 5th respondent has taken sanyas and he is

not associated with the family any more. The absence of 8th

respondent is sought to be waived by stating that the 8th

respondent was only a mortgagee of the property at the time of

the filing of the suit and the said mortgage is cleared.

2. The appellant in A.S.No.806 of 2002 as well as respondents

1, 3, 4 and 5 are present and are identified by their respective

counsels.

3. The application in the present case commenced with

O.S.No.69 of 1988 being filed on the file of the learned Senior Civil

Judge, Tadepalligudem by the plaintiff, who is the appellant herein,

for specific performance of an agreement of sale for an extent of

Ac.1.57 cents of land in R.S.No.64/3 of Kakarlamudi Village,

Ungutur Mandal, West Godavari District, dated 24.04.1981,

executed by Smt. M.Vijaya Lakshmi in favour of the father of the

plaintiff. This suit was dismissed by the decree and judgment,

dated 18.09.2002 against which A.S.No.109 of 1997 was filed on

the file of the Principle District Judge, Eluru, West Godavari District

and the same was also dismissed by the decree and judgment,

dated 18.09.2002. Aggrieved by the same, the plaintiff has filed

S.A.No.3 of 2003 before this Court and the same is pending. In a

parallel proceedings, the 2nd respondent in the second appeal had

filed O.P.No.42 of 1995, which was renumbered as O.S.No.58 of

1996, on the file of the Senior Civil Judge, Tadepalligudem, for

recovery of possession of schedule properties and partition of the

same against the 1st respondent herein and the plaintiff/appellant.

This suit was decreed by judgment, dated 21.01.2002.

A.S.No.806 of 2002 has been filed before this Court against this

judgment and decree and is pending.

4. The parties in these two proceedings, which are pending

before this Court, have arrived at a compromise which has been

reduced into writing and is signed by the parties to the said

compromise. In this compromise, the defendants/respondents

have agreed to alienate the said Ac.1.57 cents of land in favour of

the appellant/plaintiff on payment of Rs.22 lakhs to respondents 2,

4, 6 and 7 and Smt. Bhargavi Devi, who is 3rd respondent, in

A.S.No.806 of 2002.

5. The appellant has paid Rs.75,000/- by way of demand draft

bearing No.302929 drawn in favour of Smt.S.Subba Lakshmi and

the same has been handed over to the respondents and the

respondents acknowledged receipt of the said demand draft.

6. The terms of the compromise further state that the appellant

shall pay the remaining sale consideration of Rs.14,50,000/- within

two (2) months on the date of the registration of the sale deed,

which shall bind the respondents 2, 4, 6 and 7 and Smt.Bhargavi

Devi to execute a regular sale deed in favour of the appellant. The

other terms set out in the compromise are not being stated in this

order but shall continue to bind the parties to the compromise.

7. The parties have acknowledged that they are aware of the

terms of the compromise and accepted the said terms of the

compromise. Hence, compromise recorded. Accordingly, I.A.No.1

of 2021 in A.S.No.806 of 2002 and I.A.No.1 of 2021 in S.A.No.3 of

2003 are allowed.

8. In that view of the matter, the A.S.No.806 of 2002 and

S.A.No.3 of 2003 are disposed of in terms of the compromise,

dated 19.11.2021. No costs.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

_________________________ JUSTICE R.RAGHUNANDAN RAO Date: 19.11.2021

SPP

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

I.A.No.1 of 2021 in/and APPEAL SUIT No.806 of 2002 and I.A.No.1 of 2021 in/and SECOND APPEAL No.3 of 2003

Date: 19.11.2021

SPP