Chenna Ranganatham, vs Chenna Vijaya Lakshmi Died Per ...
2022 Latest Caselaw 1190 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

      THE HON'BLE Mr. JUSTICE AHSANUDDIN AMANULLAH

                               AND

      THE HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD

               APPEAL SUIT Nos.489 & 580 OF 2016

                  APPEAL SUIT No.489 OF 2016

Chenna Ranganatham,
S/o.Chenna Viswanatham,
Aged about 54 years,
Hindu, R/o.D.No.7/474-3, II Floor,
Bhagya Nagar Colony, Kadapa City,
Kadapa District.                   ...           Appellant

                                   Versus

1. Chenna Vijaya Lakshmi (died),
   Per legal representatives.

2. N. Hema Malini, W/o. N. Appaiah Raghu,
   Aged about 49 years, Hindu,
   R/o.D.No.6/466, Sankarapuram,
   Near Kotha Ramalayam,
   Kadapa City, Kadapa District (Amended as
   per orders dated 03.06.2014 vide memo).

3. Chenna Chandranatham,
   S/o. Chenna Viswanatham,
   Aged about 53 years, Hindu,
   C/o.Gopal Reddy, D.No.10/549-1,
   Upstairs, Bellam Mundy Street,
   Kadapa City, Kadapa District.  ...            Respondents

Counsel for the appellant : Mr. Manoj Kumar Bethapudi, Advocate

Counsel for the respondent no.2 : Mr. V. R. Reddy Kovvuri, Advocate

Counsel for the respondent no.3 : Mr. Bandi Srihari, Advocate

APPEAL SUIT No.580 OF 2016

Chenna Chandranatham, S/o. Chenna Viswanatham, Aged about 46 years, Hindu, C/o.Gopal Reddy, D.No.10/549-1, Upstairs, Bellam Mundy Street, Kadapa City, Kadapa District. ... Appellant

Versus

1. Chenna Vijaya Lakshmi (died), Per legal representatives.

2. N. Hema Malini, W/o. N. Appaiah Raghu, Aged about 43 years, Hindu, R/o.D.No.6/466, Sankarapuram, Near Kotha Ramalayam, Kadapa City, Kadapa District (Amended as per orders dated 03.06.2014 vide memo).

3. Chenna Ranganatham, S/o. Chenna Viswanatham, Aged about 48 years, Hindu, R/o.D.No.7/474-3, II Floor, Bhagya Nagar Colony, Kadapa City, Kadapa District. ... Respondents

Counsel for the appellant : Mr. Bandi Srihari, Advocate

Counsel for the respondent no.2 : Mr. V. R. Reddy Kovvuri, Advocate

Counsel for the respondent no.3 : Mr. Manoj Kumar Bethapudi, Advocate

ORAL COMMON JUDGMENT Date: 07.03.2022

(Per Hon'ble Mr. Justice G. Ramakrishna Prasad)

All the parties in these Appeal Suits are present before us

along with their respective counsel.

2. Since the parties in both the Appeals are one and the

same and the Appeals are also separately filed challenging the

same judgment dated 29.04.2016 passed in O.S. No.33 of 2017 by

the learned Principal District Judge, Kadapa, the parties

hereinafter will be referred to as arrayed in Appeal Suit No.489 of

2016.

3. Appellant herein is the full brother of the respondents

no.2 and 3 herein.

4. Learned counsel for the appellant has placed on record

memo of terms of compromise filed by the petitioner and

respondents no.2 and 3 dated nil. The parties before us have been

identified by their respective counsel. This Court had interacted

with the parties and they have in one voice stated that the terms of

compromise have been given effect to and therefore the matters

may be disposed of in terms of the compromise.

5. This Court accepts the request of the parties and takes on

record the memo of compromise filed in I.A. No.1 of 2022 in A.S.

No.489 of 2016, which is set out as follows:

"TERMS OF COMPROMISE:

A. The Respondent No.2/plaintiff in O.S.33/07 - Hemamalini agreed to receive the properties shown in the 'A' schedule of this deed of compromise towards her share in respect of plaint schedule properties in OS Number 33/07, PDJ KADAPA towards full and final settlement of her share in respect of the properties being claimed by her.

B. The Respondent No.2/plaintiff in O.S.33/07 - Hemamalini further agrees that she will have no claim, right, title or possession in respect of any other plaint or counter claim schedule properties in O.S. No.33/07.

C. The Appellant/Defendant No.1 - Chenna Ranganatham and Respondent No.3/Defendant No.2 in O.S. - Chenna Chandranatham shall have no right, title or possession of what-so-ever in respect of 'A' Schedule property of this deed of compromise.

D. Respondent No.3/Defendant No.2 - Chenna Chandranatham agreed to pay a sum of Rs.30,00,000/- Rupees thirty lakhs only to the Respondent No.2/plaintiff in O.S.33/07 - Hemamalini towards the mesne profits. The Respondent No.2/plaintiff in O.S. - Hemamalini agreed not to claim any mesne profits either past, present

or future hereafter against Ranganatham, Chandranatham. The Respondent No.2/plaintiff in O.S.33/07 - Hemamalini further agreed not to lay any claim over the "B" and "C" schedule properties or relating to mesne profits also.

E. The Respondent No.3/Defendant No.2 in O.S. - Chenna Chandranatham and Appellant/Defendant No.1 in O.S.33/07 - Chenna Ranganatham agreed that they have no objection to get the document released, which is executed by them on 19.01.2022, vide pending Document No.P-14/2022 with Joint Sub-Registrar, Kadapa Rural, and get the properties in online pursuant to the said registered gift deed.

F. The Respondent No.3/Defendant No.2 - Chenna Chandranatham, Ranganatham (appellant) agreed to execute and register a regular document gift deed relating to the property to an extent of Ac.0.18 cents out of Ac.3.10 cents in S.No.380/2 of Gudur Village Polam Kadapa, within 60 days from the date of this award else the 2nd Respondent/Plaintiff namely Hemamalini is entitled to get it done through process of law by filing execution petition for execution of gift deed.

G. It is further agreed by both the parties that 'B' Schedule property of this deed of compromise is allotted to Appellant herein/Defendant No.1 in O.S.33/07 namely, Chenna Ranganatham and other parties namely, Hemamalini and Chenna Chandranatham shall have no right of any kind in respect of "B" schedule property.

H. The property shown in the "C" schedule property is allotted to 3rd Respondent No.3 herein/Defendant No.2 in O.S.33/07 - Chenna Chandranatham and the other parties namely, Hemamalini and Chenna Ranganatham shall not have right to claim over the "C" schedule property.

I. There are discrepancies and improper identification of properties in the petition schedules which are founded by advocate commissioner who was appointed in I.A.

No.1237/2016. Hence, the Advocate Commission Report and plans may be treated as part of this memorandum of compromise of terms, so as to identify the properties disclosed in the A, B, C schedules of this terms of compromise. The identification of property annexed in the Schedule of this Compromise Deed and Final and conclusive.

J. The Respondent No.2/Plaintiff in O.S.33/07 - Hemamilini agreed to withdraw final decree applications pending before the Hon'ble Principal District Judge, Kadapa in I.A.No.1237 and 1238 of 2016 in O.S.No.33 of 2007, and withdrawing suit claim in O.S. No.33/07 also. The all the parties are agreed to compromise the appeals filed before this Hon'ble Court referred supra immediately.

K. In view of compromise deed all the parties agreed to dispose of the respective appeals filed before the Hon'ble High Court of Andhra Pradesh referred supra immediately.

L. Each party should bare their own costs.

A. SCHEDULE ALLOTTED TO CHENNA HEMAMILINI

A Land situated in Ukkayapalle Village, Kadapa Rural, Kadapa.

1. Corporation in S.No.513/5 an extent of Ac.3.15 Cents.

         East          : Rastha.
         West          : Land of Venkata Land Subbaiah.
         North         : Land of others.
         South         : Kalva.

2. A Land situated in Guduru village, Kadapa Rural, Kadapa Corporation S.No.380/2 an extent of Ac-0.18 Cents out of Ac.3.10 cents is bounded

East : Tombs.

West : Land of Chandranatham in same survey number.

North : Land of Chandranatham in survey number 367/2A.

South : Land of Anagondi Jayamma.

B. SCHEDULE ALLOTTED TO CHENNA RANGANATHAM

1. Commercial Rooms situated in Madras road (by mistake shown as Ammavarisala Street in the Plaint), Kadapa Town and Kadapa Corporation Area.

A. Commercial Room (By mistake shown as House in the plaint) bearing D.No.19/31 fall in S.No.30/2B1 A1

East : D.No.19/32 (VAKs Agencies).

        West          : Chamandi Lodge.
        North         : D.No.19/597
        South         : Madras road.

B. Commercial Rooms (by mistake shown as House in the plaint) bearing D.No.19/32,

East : Public Road West : D. No.19/31 North : Room D.No.19/594 South : Madras Road.

C. Commercial Rooms (by mistake shown as House in the plaint) bearing D.No.19/594,

East : Road West : Room D.No.19/31 North : D.No.19/595 South : D.No.19/32 (VAKs Agencies)

D. Commercial Rooms (by mistake shown as House in the plaint) bearing D.No.19/595.

        East          : Road
        West          : D.No.19/31
        North         : D.No.19/596 and Staircase
        South         : D.No.19/594 C. Rangaiah's House

E. Commercial Rooms (by mistake shown as House in the plaint) bearing D.No.19/596

East : Road

West : D.No.19/597 North : D.No.19/597 Room South : D.No.19/595 Room

F. Commercial Room (by mistake shown as House in the plaint) bearing D.No.19/597.

        East          : Road
        West          : Chamandi Lodge
        North         : Basha Room (D.No.129/598)

        South         :D.No.19/596staircase (C.Ranganatham

                      Room)

        G.      Land situated in Guduru Village, Kadapa
  Corporation area

        (i)     S.No.549/1 - Ac.0.41 cents
        (ii)    S.No.549/2 - Ac.0.54 cents

(iii) S.No.380/1 - Ac.0.30 cents

(iv) S.No.367/2A - 55.66 out of 111.32 Square Yards (by mistake shown as Ac.111.32 Square Yards in the plaint)

(v) S.No.367/1 - Ac.0.30 Cents

East : Guljari Begum Land West : Vanka North : Chandranatham Boomi in the S.No.

South : Kalva (Rastha)

C. SCHEDULE ALLOTTED TO CHENNA CHANDRANATHAM

1. House situated in Ammavarisala Street, Kadapa Town and Kadapa Corporation area.

A. House bearing D.No.12/111, 12/111-1, 12/111-2, 12/111-3, 12/111-4 and 12/111-5 in S.No.30/2B/1A (Survey Number is not noted in the plaint)

East : Bandaru Venkatamma House West : Mohammad Ali House North : Public Road South : Uruturu Gangamma Street (Marati Veedhi)

B. House bearing D.No.12/112, 12/113, 12/114 in S.No.30/2B/1A1 (Survey Number is not noted in the plaint)

East : Mandem Syed Complex West : Sandu Road North : Emam Sahab House South : Public Road

C. House bearing D.No.12/115, 12/115-1, 12/115-2, in S.No.30/2B/1A1 (Survey number is not noted in the plaint)

East : Road West : Utla Chinaiah (Rama Dasu Gari House) North : Road South : Public Road

D. House situated in 13th Ward D.No.13/530 Kadapa Town and Kadapa Corporation area

East : Y. V. Street West : Mosque North : Ibrahim Shop South : Jafrulla Shop

E. Land situated in Guduru Village, Kadapa Corporation area

(i) S.No.381-Ac.0.41 Cents

(ii) S.No.367/2A-55.66 out of 111.32 square yards (by mistake as Ac.111.32 Square yards in the plaint)

(iii) S.No.380/2 - Ac.2.62 cents

East : Guljari Begum Land West : Chandranatham Boomi North : Land of others (Gangamma Bhoomi) South : Ranganatham land

Signatures of the Parties: Signatures of the Advocates:

           Sd/-                                              Sd/-
1. Chenna Ranganatham (Appellant)                      Advocate for Appellant



           Sd/-                                       Sd/-
2. N. Hema Malini/Respondent No.2        Advocate for Respondent No.2

            Sd/-                                       Sd/-
3. Chenna Chandranatham/                 Advocate for Respondent No.3"
   Respondent No.3

6. In view of the above, I.A. No.1 of 2022 in A.S. No.489 of

2016 and I.A. No.1 of 2022 in A.S. No.580 of 2016 are allowed.

Consequently, both the Appeals are allowed setting aside the

impugned judgment dated 29.04.2016, in terms of the aforesaid

memo of compromise.

7. Miscellaneous applications, if any pending, stand

disposed of. No order as to costs.

_______________________________ (AHSANUDDIN AMANULLAH, J)

________________________________ (G. RAMAKRISHNA PRASAD, J)

Dsh