Citation : 2021 Latest Caselaw 4152 AP
Judgement Date : 21 October, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO. S.A.No.69 of 2008
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
21.10.2021 MVR,J
I.A.No.1 of 2020
Heard. For the reasons stated in the affidavit
filed in support of this petition, delay in representing
I.A.(S.R.)No.100258 of 2018 is condoned.
Accordingly, this petition is allowed. No costs.
_____
MVR,J
I.A.No.2 of 2020
Except the petitioners 3,4,8,10,11 and 12,
other petitioners are in attendance. A memo is filed
on behalf of the petitioners stating to the effect that
the 2nd respondent died on 15.09.2021 and that the
respondents 3 to 6 are her legal representatives, who are already on record. This fact is recorded. The respondents 3 to 6, who are physically appearing in this Court now, have also confirmed this fact.
When enquired the parties present including the respondents 3 to 6, they admitted the terms of compromise set out in memo of compromise as well as additional memo of compromise filed. The respondents received in open Court Rs.3,75,000/- in cash together when paid by the petitioners. Further they confirmed that they had already received Rs.4,00,000/- from the petitioners in terms of this compromise. Thus, in all, they confirmed that they received Rs.7,75,000/- under this compromise.
An affidavit is filed by the 1st petitioner along with compromise memo stating that the appellants 3 and 4 are not cooperating to enter into this compromise and who are not in attendance this day in this Court. The petitioners, who are in attendance in the Court now, represent that the dispute with respondents has been settled by means of this compromise and this settlement is for the benefit of all the appellants together, which would not work out
any prejudice and hardship even to the petitioners, who are not in attendance this day.
Considering the nature of this dispute particularly having regard to the presence of the respondents, who admitted as to terms of this compromise stated in the memorandum as well as additional memorandum, this second appeal is disposed of in terms thereof.
Accordingly, this petition is allowed.
_____ MVR,J S.A.No.69 of 2008
The second appeal is disposed of. No costs. (vide separate judgment)
_____ MVR,J RR
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