Andhra Pradesh High Court - Amravati
Unknown vs The Hon'Ble Sri Justice ... on 2 August, 2023
THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO
I.A.No.1 of 2023
IN/AND
APPEAL SUIT No.521 OF 2011
COMMON ORDER:
I.A.No.1 of 2023 is filed by the petitioners/appellants
seeking to dispose of the A.S.No.521 of 2011 in view of the terms
and conditions of the compromise.
2. The respondents/plaintiffs filed a suit in O.S.No.85 of 2007
for recovery of Rs.18,25,694/- being the principal and interest due
by the defendant under an agreement of sale, dated 05.02.2007
executed by the appellant/defendant infavour of the plaintiffs for a
sum of Rs.3,00,000/- per acre to an extent of Ac.55.00 and
received a sum of Rs.17,00,000/- repayable with interest at 12%
per annum on 17,00,000/-. After considering the evidence on
record, the learned I Additional District Judge, Nellore [for short,
"the trial Court"] partly decreed the suit without costs by granting
refund of advance amount of Rs.16,00,000/- with interest at 12%
per annum to the plaintiffs from the date of agreement i.e.
05.02.2007.
3. Aggrieved by the Decree and Judgment dated 30.05.2011 in
O.S.No.85 of 2007 passed by the trial Court, the
appellant/defendant preferred this appeal questioning the
correctness of the Decree and Judgment passed by the Trial
Court.
4. During the pendency of the appeal, the sole
appellant/defendant died and the appellants 2 to 4 were added as
Legal Representatives of the 1st appellant/defendant as per the
order dated 23.10.2013.
5. Today, when the matter is taken up for hearing, both parties
in the appeal are present and they are identified by their learned
counsel. The terms and conditions of compromise are read over to
the parties and they are admitted as true and correct. In
pursuance of the said compromise made in I.A.No.1 of 2023, one
Bankers Cheque No.711928 dated 10.07.2023 for Rs.4,50,000/-
(Rupees four lakhs and fifty thousand only) stands in the name of
1st respondent/plaintiff i.e. Basam Bhaskar and one Demand
Draft No.711929 dated 10.07.2023 for Rs.4,50,000/- (Rupees four
lakhs and fifty thousand only) stands in the name of 2nd
respondent/plaintiff i.e. Bellamkonda Srinivasulu, are issued by
the appellants in the open Court towards full and final settlement
and the same has been received by the respondents/plaintiffs.
6. On being satisfied with the terms and conditions of
compromise and in view of the amicable settlement made by both
parties, I.A.No.1 of 2023 is allowed and consequently the appeal is
disposed of by setting aside the decree and judgment dated
30.05.2011 in O.S.No.85 of 2007 on the file of I Additional District
Judge, Nellore. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall
stand closed.
_________________________________
JUSTICE T.MALLIKARJUNA RAO
Date: 02.08.2023
MS
THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO
I.A.No.1 of 2023
In/and
APPEAL SUIT NO.521 OF 2011
DATE: 02.08.2023
MS
