Andhra Pradesh High Court - Amravati
P Nagaraja vs N Ranjit Kumar on 13 October, 2022
THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI
I.A.No.1 of 2022
In &
Appeal Suit Nos.2070 & 2078 of 2018
COMMON JUDGMENT:
A.S.No.2070 of 2018 is preferred aggrieved by the
judgment and decree, dated 17.09.2018, passed in O.S.No.220 of
2012 on the file of the Court of IV Additional District Judge,
Tirupati, wherein, the suit filed by the 1st respondent/plaintiff for
recovery of a sum of Rs.12,88,000/- together with interest thereon
at 24% per annum, was partly decreed against the defendants 1 to
5 jointly and severally for Rs.12,44,000/- along with interest at the
rate of 6% per annum on the principal amount of Rs.12,00,000/-.
A.S.No.2078 of 2018 is preferred aggrieved by the
judgment and decree, dated 17.09.2018, passed in O.S.No.213 of
2012 on the file of the Court of IV Additional District Judge,
Tirupati, wherein, the suit filed by the 1st respondent/plaintiff for
recovery of a sum of Rs.13,86,482/- together with interest thereon
at 24% per annum, was partly decreed against the defendants 1 to
5 jointly and severally for Rs.12,84,741/- along with interest at the
rate of 6% per annum on the principal amount of Rs.11,83,000/-.
3. Since the parties (defendants) in both the suits are one and
the same, both these appeals are taken up together for hearing.
BSB, J
A.S.Nos.2070 & 2078 of 2018
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 28.07.2021.
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 in I.A.No.1 of 2022 in A.S.Nos.2070
of 2018 & 2078 of 2018 read as under:
Sl. A.S.No.2070 of 2018 A.S.No.2078 of 2018
No.
The appellants/Defendants 3 and 5 The appellants/Defendants 3 and
have agreed to pay an amount of 5 have agreed to pay an amount
(1) Rs.19,00,000/- (Nineteen Lakhs of Rs.16,00,000/- (Sixteen Lakhs
only) towards full and final only) towards full and final
settlement of suit claim vide settlement of suit claim vide
O.S.No.220 of 2012 to the 1st O.S.No.213 of 2012 to the 1st
respondent. respondent.
The appellants/ Defendants 3 and 5 The appellants/ Defendants 3 and
already deposited an amount of 5 already deposited an amount of
Rs.9,00,242/- to the credit of suit Rs.9,32,070/- to the credit of suit
vide challan No.31072263612019 on vide challan No.31098549842019
(2) 25.6.2019 as per the directions of on 28.7.2019 as per the directions
this Hon'ble Court in I.A.Nos.1, 2 & of this Hon'ble Court in I.A.Nos.1,
3 of 2018, dated 01.05.2019. The 2 & 3 of 2018, dated 01.05.2019.
said amount along with accrued The said amount along with
interest respondent.1/plaintiff is accrued interest respondent.1/
entitled to withdraw. plaintiff is entitled to withdraw.
The appellants/defendants 3 and 5 The appellants/defendants 3 and 5
issued a demand draft drawn in issued a demand draft drawn in
(3) favour of Respondent No.1/plaintiff favour of Respondent No.1/
for an amount of Rs.7,50,000/- and plaintiff for an amount of
the remaining balance of Rs.4,90,040/- and the remaining
Rs.2,49,578/- paid in cash to the balance of Rs.1,77,890/- paid in
respondent No.1/plaintiff. Thus, the cash to the respondent No.1/
total amount of Rs.19,00,000/- is plaintiff. Thus, the total amount
paid by the appellants to the of Rs.16,00,000/- is paid by the
respondent No.1/plaintiff as full and appellants to the respondent No.1/
final settlement. plaintiff as full and final
settlement.
BSB, J
A.S.Nos.2070 & 2078 of 2018
That the respondent No.1/plaintiff That the respondent No.1/plaintiff
agreed that he will not claim suit agreed that he will not claim suit
(4) decretal amount against the decretal amount against the
respondent No.2 to 4 herein since he respondent No.2 to 4 herein since
received entire decretal amount he received entire decretal
from the appellants. amount from the appellants.
That both the parties agreed that That both the parties agreed that
hereinafter they shall not make any hereinafter they shall not make
(5) rival claims under the present any rival claims under the present
subject matter in any manner, even subject matter in any manner,
if so claimed the same is not binding even if so claimed the same is not
on either of the parties in view of full binding on either of the parties in
and final settlement of decree view of full and final settlement of
amount arrived by all the parties. decree amount arrived by all the
parties.
6. The appellants/defendants 3 & 5 and the 1st respondent/
plaintiff in both the suits, who have entered into compromise, are
physically present before this Court today and affirmed the contents
of the Memorandum of compromise, dated 28.07.2021. They are
identified by the respective counsels appearing on their behalf.
They have also produced copies of Aadhar Cards 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 they agreed to settle the disputes in
terms of the Memorandum of Compromise, dated 28.07.2021, and
therefore, the appeals may be disposed of in terms of the
Memorandum of compromise, dated 28.07.2021.
BSB, J
A.S.Nos.2070 & 2078 of 2018
8. Since the terms of the compromise are beneficial to the non-
contesting respondents/defendants and the 1st respondent/plaintiff
in both the appeals agreed not to proceed against them and the
disputes between the parties have been amicably settled, this Court
is of the considered opinion that there is no reason to keep the
appeals pending and it is deemed fit and proper to record the
compromise entered into by the parties.
9. Accordingly, the I.A.No.1 of 2022 in both the appeals is
allowed. Consequently, both the appeals are allowed, setting aside
the judgments and decrees, dated 17.09.2018, passed in
O.S.Nos.220 of 2012 & 213 of 2012 on the file of the Court of IV
Additional District Judge, Tirupati, and the said suits are decreed in
terms of the Memorandum of compromise, dated 28.07.2021,
entered into between the parties.
Both parties shall bear their own costs.
Miscellaneous petitions pending, if any, shall stand closed.
________________
B.S BHANUMATHI, J
13th October, 2022
RAR
