Kanneganti Sambamurthy vs Kanneganti Ammarao
2022 Latest Caselaw 8823 AP

Citation : 2022 Latest Caselaw 8823 AP
Judgement Date : 17 November, 2022

Andhra Pradesh High Court - Amravati

Kanneganti Sambamurthy vs Kanneganti Ammarao on 17 November, 2022

                                                                            BSS,J
                                                              S.A.No.165 of 2007

                                       1

              HON'BLE SRI JUSTICE BANDARU SYAMSUNDER

                        I.A.No.1 of 2022 IN/AND
                     SECOND APPEAL No.165 of 2007

JUDGMENT:

The learned counsel for appellant No.2 Mr.K.Satyanandam,

represented the case. The learned Senior Counsel Mr.Y.Srinivasa

Murthy, represented for 1st respondent/plaintiff. Both counsels have

represented that matter has been compromised between the parties

and the terms stated in Memorandum of Compromise also complied

with.

2. In I.A.No.1 of 2022 in S.A.No.165 of 2007, the appellants and the

respondent are praying this Court to record the compromise in terms of

Memorandum of Compromise, dated 28.09.2022 and dispose of the

appeal. The terms of said memorandum of compromise read as follows:

1.The second respondent who has now become the Legal Representative of the deceased sole appellant herein admit and agree that the document of cancellation of the earlier transaction executed and registered, thereby in her favour by the deceased appellant herein is a pendente lite transaction and is not valid and therefore the consequential documents and the revenue entries including the issuance of Pattadar pass book and Title deed in her favour is null and void;

2. The 2nd respondent who has now become the Legal Representative of the deceased sole appellant herein agreed BSS,J S.A.No.165 of 2007

and accepted to execute and register a regular sale deed of the aforesaid document for an extent of about Ac.1.00 situate in S.No.67-6 of Panchalavaram Village, Amarthaluru in favour of the 1st respondent or his nominee thereby negating the effect of a pendente lite transaction and also agree and admit that she shall give No-Objection letter for incorporation of the name of the 1st respondent or his nominee in all relevant revenue records including cooperating for issuance of a new Pattadar Pass Book and Title Deed and that she or her legal heirs or nominees shall have no objection whatsoever for the same;

3. The 1st respondent through his nominee shall pay a sum of Rs.7,00,000/- to the 2nd respondent who has now become the Legal Representative of the deceased sole appellant herein in full and final settlement of all her claims whatsoever in respect of the subject matter lands;

4. The 2nd respondent who has now become the Legal Representative of the deceased sole appellant herein shall have no objection whatsoever for the 1st respondent withdrawing the amounts deposited by him and lying to the credit of the suit together with interest accrued thereon from the bank where it is kept in deposit without any further notice to the parties hereto;