Miryala Saraswathi vs Gurram Nageshwar Rao
2022 Latest Caselaw 5772 AP

Citation : 2022 Latest Caselaw 5772 AP
Judgement Date : 29 August, 2022

Andhra Pradesh High Court - Amravati

Miryala Saraswathi vs Gurram Nageshwar Rao on 29 August, 2022

              THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI

                            I.A.No.1 of 2022
                                  In &
                  Appeal Suit Nos.1602 & 1669 of 2018

COMMON JUDGMENT:


      These two appeals are filed under Section 96 of the Code of

Civil Procedure, aggrieved by judgment, dated 16.07.2018, passed

in O.S.No.25 of 2012 on the file of the Court of III Additional

District Judge, Kurnool, at Nandyal.


2.    More precisely, A.S.No.1669 of 2018 is filed by the appellant/

plaintiff aggrieved by the judgment partly decreeing the suit for a

sum      of   Rs.15,00,000/-   with     proportionate      costs;   whereas,

A.S.No.1602 of 2018 is filed by the appellant/defendant aggrieved

by the direction to refund the advance amount of Rs.15,00,000/-

within    three   months   from   the    date   of   the    judgment,   i.e.,

16.07.2018.


3.    Since both these appeals arise out of the same suit, they are

taken up together.


4.    When the appeals are taken up, learned counsel for the

parties represented that the parties have entered into compromise

and that the terms of compromise have been reduced into writing

pursuant to the Memorandum of compromise, dated 25.07.2022.
                                      2
                                                                            BSB, J
                                                      A.S.Nos.1602 & 1669 of 2018


They also filed I.A.No.1 of 2022 under Order 23 Rule 3 CPC in both

the appeals to record the compromise.


5.   The terms of compromise read as under:


     1. Pursuant      to    the      terms       of     compromise,            the
        appellant/defendant has agreed to pay an amount of
        Rs.20,00,000/-      to    the     respondent/plaintiff          and    the

respondent/plaintiff agreed to receive the said amount in full settlement of his claim.

2. The appellant/defendant agreed to pay the amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the respondent/plaintiff and he agreed to receive the said amount in the Hon'ble High Court at the time of recording of compromise by way of Demand Draft to be drawn on State Bank of India, Nandyal.

3. The respondent/plaintiff agreed not to claim any relief such as specific performance of agreement of sale etc., against the appellant/defendant.

4. The terms of compromise referred to above form consideration for each other. Even though, the suit is decreed for Rs.15,00,000/- with proportionate costs, the appellant/defendant agreed to pay Rs.20,00,000/- to avoid future litigation and in full settlement.

5. Pursuant to the compromise, dated 25.07.2022, the respondent/plaintiff shall not claim any right/claim pursuant to the decree in O.S.No.25 of 2012, on the file of the Court of III Additional District Judge, Kurnool, at Nandyal.

BSB, J A.S.Nos.1602 & 1669 of 2018

6. In view of the terms of the compromise, both parties agree to dispose of the appeal in terms of compromise.

7. Both parties will bear their own costs."

6. The parties who have entered into compromise are physically

present before this Court today and affirmed the contents of the

Memorandum of compromise, dated 25.07.2022. They are

identified by the respective counsel appearing for the parties. They

have produced copies of documents in proof of their respective

identities.

7. Learned counsel for the parties submitted that the parties

have agreed to withdraw allegations and counter allegations made

against each other and that the appellant/defendant agreed to pay