Unknown vs The
2021 Latest Caselaw 4844 AP

       THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

                      I.A.No.4 of 2021
                           in/and
               SECOND APPEAL NO.1522 of 2018

COMMON JUDGMENT:-

     The respondents 1 and 2 in the Second Appeal had filed

O.S.No.15 of 2006 on the file of the learned Senior Civil Judge,

Nandigama for partition of the suit schedule property against Sri

Ch.Venkateswara Rao and their sisters and subsequent purchasers of

the suit schedule property and a preliminary decree was passed on

23.06.2011.

2. Aggrieved by the same, A.S.No.49 of 2013 was filed before the

learned XVI Additional District Judge, Nandigama and the same

ended by the judgment and decree, dated 05.07.2018. The present

second appeal was filed against the said judgment and decree.

3. The parties of the second appeal have now arrived at a

compromise and it has been reduced to writing and signed by the

parties on 01.11.2021.

4. There are six appellants in the present appeal. Appellant No.2

has passed away. Appellant Nos.1, 3, 4 and 6 are personally

present. Appellant No.5 is represented by appellant No.4, who has a

power of attorney from appellant No.5. They are identified by Sri

P.Prabhakar Rao, learned counsel for the appellants. Respondent

No.2 is personally present and she represents respondent No.1, who

is her sister by way of a power of attorney. Respondent No.3 has

passed away. Respondent Nos.4 and 5 are represented by Sri

K.Nagaraju, who has a power of attorney from the said respondents.

5. All the parties admitted the terms of the compromise and

accepted the said terms. Respondent Nos.1, 2, 4 and 5 agreed to

receive Rs.80,00,000/-, as such, they received Rs.40,00,000/- by

way of demand draft Nos.028478, 789329, 028479, dated

18.11.2021 and remaining Rs.40,00,000/- received by way of

Demand Draft Nos.789388, 789389 drawn on State Bank of India,

Patamatalanka, Vijayawada and Demand Draft No.063337 drawn on

HDFC Bank, M.G.Road, Vijayawada for Rs.10,00,000/- each and

Cheque bearing No.000030 for Rs.10 lakhs issued by HDFC Bank,

M.G.Road, Vijayawada and relinquished their rights over the suit

schedule property.

6. Accordingly, I.A.No.1 of 2021 is allowed and the Second Appeal

is allowed in terms of the compromise, dated 01.11.2021. There shall

be no orders as to costs.

Consequently, miscellaneous applications pending, if any, shall

stand closed.

_________________________ JUSTICE R.RAGHUNANDAN RAO

Date: 25.11.2021

SPP

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

SECOND APPEAL NO.1522 of 2018

Date: 25.11.2021

SPP