Andhra Pradesh High Court - Amravati
P Krishnaiah vs M.C.Constructions on 10 March, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HON'BLE Mr. JUSTICE AHSANUDDIN AMANULLAH
AND
HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD
I.A.No.1 of 2022
IN/AND
APPEAL SUIT No.1196 OF 2018
1 P Krishnaiah,
S/o Kondaiah, Hindu, Aged about 45 years,
Occ: Real Estate Business,
R/o Andhra Bank Road,
Jaladanki Village and Mandal, SPSR Nellore District.
2 B Suresh Naidu,
S/o Srinivasulu Naidu, Hindu, Aged about 43 years,
Occ:Business, R/o Flat No 306, Magunta Layout, Nellore.
... Appellants
Versus
M.C.Constructions,
Rep by its Managing Partner,
Mannemala Pavan Kumar Reddy, Nellore.
(Amended as per orders in I A No 1063/2015 dated 15 03 2016
S/o Late Chandrasekhar Reddy Hindu Aged about 39 years R/o
16/3/1580 Ramamurthy Nagar Nellore)
... Respondent
Counsel for the appellants : Mr. K. Rathanga Pani Reddy,
Advocate.
Counsel for the respondent : Mr. P. Sridhar Reddy,
Advocate.
ORAL JUDGMENT
Date: 10.03.2022
(Per Hon'ble Mr. Justice G. Ramakrishna Prasad)
Learned counsel for both the parties have drawn the
attention of this Court to the memorandum of compromise, which
is placed on record along with I.A.No.1 of 2022.
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2. A perusal of the memorandum of compromise indicates
that both the appellants as well as the respondent along with
their counsel signed the memorandum of compromise on
03.02.2022. The parties are also present.
3. Upon enquiry made by this Court to each of the parties
individually, they have stated in one voice that they have entered
this memorandum of compromise voluntarily, with free mind and
without any coercion. The appellants stated that they have been
adequately compensated and the cheques have been handed over
to the appellants by the respondent.
4. The respondent FIRM states before this Court that the
cheques will be duly honoured upon presentation. The
memorandum of compromise dated 03.02.2022 is taken on
record. The following are the terms and conditions of
compromise:
1. The respondent shall pay a sum of Rs.25,00,000/-
(Rupees Twenty five lakhs only) to Sri P.Krishnaiah S/o
Kondaiah, the 1st appellant herein and the sum of
Rs.1,00,000/- (Rupees One Lakh only) to Sri B.Suresh
Naidu S/o Srinivasulu Naidu by means of cheques at
the time of recording compromise by the Hon'ble Court.
2. The appellants herein are hereby giving up their
claim in the suit schedule properties in O.S.No.46 of
2011 on the file of the I Additional District Judge,
Nellore, and they further hereby undertake that they
would not make any further claim for the suit schedule
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property either under Exhibit A1 agreement of sale
dated 05.02.2011 or by any other mode.
3. The respondent firm herein shall deliver the
following cheques which are already executed to the
appellants herein at the time of recording the
compromise by the Hon'ble Court.
i) Cheque bearing No.417523 drawn on State Bank of
India (20553) - VMS-Nellore Branch in favour of Sri P.
Krishnaiah the 1st appellant herein for a sum of
Rs.25,00,000/- (Rupees Twenty five lakhs only)
ii) Cheque bearing No.417524 drawn on State Bank of
India (20553) - VMS-Nellore Branch in favour of Sri
B.Suresh Naidu S/o Srinivasulu Naidu, the 2nd
appellant herein for a sum of Rs.1,00,000/- (Rupees
One lakh only).
4. The appeal A.S.No.1196 of 2018 to be disposed of in
terms of the compromise without costs and the relief
sought for by the appellants in O.S.No.46 of 2011 on
the file of the I Additional District Judge, Nellore to be
rejected subject to the refund of Rs.26,00,000/- as
mentioned supra.
5. The condition No.4 in the memorandum of compromise
indicates that upon realization of the amounts paid to both the
appellants, the suit bearing No.46 of 2011 be rejected. It is
needless to state that this will come into operation after
realization of the amounts.
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6. Accordingly, I.A.No.1 of 2022 is allowed and the Appeal Suit
stands disposed in terms of the compromise. No costs.
7. Miscellaneous petitions, if any pending, also stand disposed
of.
_________________________________
(AHSANUDDIN AMANULLAH, J)
_________________________________
(G. RAMAKRISHNA PRASAD, J)
C.C on 11.03.2022.
B/o. Pab
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HON'BLE Mr. JUSTICE AHSANUDDIN AMANULLAH
AND
HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD
I.A.No.1 of 2022
IN/AND
APPEAL SUIT No.1196 OF 2018
Date : 10-03-2022
Pab
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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: APPEAL SUIT No.1196 OF 2018
PROCEEDING SHEET
Sl. OFFICE
ORDER
No DATE NOTE
09.03.2022 AHSANUDDIN AMANULLAH, J
and
G. RAMAKRISHNA PRASAD, J
(Per Hon'ble Mr. Justice G. Ramakrishna Prasad)
I.A.No.1 of 2022 is allowed and the Appeal
Suit stands disposed in terms of the compromise.
(vide separate judgment)
B/o.
Pab
