Unknown vs The Hon'Ble Sri Justice ...
2023 Latest Caselaw 3944 AP

      THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO

                         I.A.No.1 of 2023
                              IN/AND
                    APPEAL SUIT No.37 OF 2009

COMMON ORDER:

1.    I.A.No.1 of 2023 is filed by the petitioners/appellants

seeking to dispose of the A.S.No.37 of 2009 in view of the terms

and conditions of the compromise.


2.    The respondent/plaintiff filed a suit in O.S.No.205 of 2002

for grant of injunction, later the plaint was amended as per orders

in I.A.No.14 of 2000, I.A.No.980 of 2001 and I.A.No.1196 of 2002

dated 22.01.2003, for declaration of title and recovery of

possession. The respondent/plaintiff was bequeathed plaint

schedule property under a Will executed by Chellamkuri Srirama

Murthy in the year 1961. Plaintiff has been in possession and

paying taxes to the revenue authorities, but the defendants

started proclaiming that they would forcibly trespass into the

plaint schedule property. After considering the evidence on record,

the learned Principal Senior Civil Judge, Kakinada, [for short, "the

trial Court"] decreed the suit with costs, directing the defendants 2

to 5 and 9 to 11 to deliver possession of plaint schedule property

within one month from the date of decree, failing which, the

plaintiff is at liberty to get delivery of plaint schedule property.

3. Aggrieved by the Decree and Judgment dated 05.01.2009 in

O.S.No.205 of 2001 passed by the trial Court, the

appellants/defendants 4 and 5 preferred this appeal questioning

the correctness of the Decree and Judgment passed by the Trial

Court.

4. 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, at

the instance of elders, well-wishers and relatives, to put an end to

litigation, they have compromised and settled the matter amicably

out of the Court in the presence of elders and well wishers and got

entered into a Memorandum of Compromise dated 24.08.2023. In

terms of Memorandum of Compromise, the 1st

respondent/plaintiff is relinquishing all his rights, title and claim

over the suit plaint schedule property in favour of the

appellants/defendants 4 and 5 herein on receipt of

Rs.30,00,000/-(Rupees Thirty Lakhs Only). It is stated in the

Memo filed by 1st respondent/plaintiff that out of the aforesaid

amount, an amount of Rs.5,00,000/- each totalling

Rs.10,00,000/- by way of account transfer on 27.07.2023, Indian

Overseas Bank, Pallamkur Branch and the remaining amount of

Rs.20,00,000/- by way of cash on 27.07.2023, was received by the

1st respondent/plaintiff towards full and final settlement.

5. A memo is filed vide USR No.88281 of 2023 on behalf of

1st respondent/plaintiff explaining the receipt of Rs.30,00,000/-

(Rupees Thirty Lakhs only) from the appellants/defendants 4

and 5 and the same is recorded.

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 in terms of the compromise dated 24.08.2023 arrived

by the appellants and 1st respondent. There shall be no order as to

costs.

Consequently, miscellaneous petitions pending, if any, shall

stand closed.

_________________________________ JUSTICE T.MALLIKARJUNA RAO

Date: 31.08.2023 RSD

THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

I.A.No.1 of 2023 In/and APPEAL SUIT NO.37 OF 2009

DATE: 31.08.2023

RSD