Telangana High Court
N Man Mohan Raj vs Church Of South India Trust ... on 31 December, 2021
Bench: P Naveen Rao, P.Sree Sudha
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
AND
THE HON'BLE SMT JUSTICE P. SREE SUDHA
CIVIL MISCELLANEOUS APPEAL No.1217 OF 2018
Date:31.12.2021
Between:
N.Man Mohan Raj, S/o. Late Venkatrajam
Garu, aged about 80 years, Occ: Senior
Adovate, R/o.5-6-510/8, Saraswathi Nagar,
Nizamabad .. Appellant
And
Church of South India Trust Association,
Armoor, rep., by Church of South India,
Medak Diocese, Diocesan Office,
10-3-165, Church House, Old Lance Lane,
Secunderabad, rep., by its GPA Holder,
Financial Administrator & Moderator's
Commissary .. Respondents
The Court made the following:
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
AND
THE HON'BLE SMT JUSTICE P. SREE SUDHA
CIVIL MISCELLANEOUS APPEAL No.1217 OF 2018
JUDGMENT: (Per Hon'ble Sri Justice P.Naveen Rao)
Heard Sri T.V. Kalyan Singh, learned counsel for the
appellant, and Sri J. Prabhakar, learned senior counsel appearing
for the respondents.
2. The appellant as well as 1st respondent filed two separate
memos stating that the inter se dispute stands resolved. The
memos disclose that the Church of South India Trust Association
agreed to pay an amount of Rs.10,00,000/- as full and final
settlement of suit claim to the appellant. The appellant is given
cheque bearing No.771142 drawn on State Bank of India dated
15.12.2021 for an amount of Rs.7,00,000/-. The balance amount
to be paid on withdrawal of O.S.No.50 of 2014 pending in the
Court of the District Judge, Nizamabad.
3. Learned senior counsel appearing for the Church of South
India Trust Association states that his client agreed to pay
Rs.10,00,000/- to the appellant. However, there is some technical
issue with reference to cheque bearing No.771142 drawn on State
Bank of India, they intend to withdraw the same and a new cheque
bearing No.328284 dated 15.12.2021 for an amount of
Rs.7,00,000/- drawn on Indian Bank, Secunderabad, is being
handed over to the appellant through their counsel. Learned
senior counsel assures that this amount will be honoured by the
bank and in addition, amount of Rs.3,00,000/- is agreed to be paid
by the Church of South India Trust Association to the appellant on
withdrawal of O.S.No.50 of 2014 pending in the Court of the
District Judge, Nizamabad.
4. In view of the same, both the learned counsel agree that
appeal can be disposed of by recording the respective memos.
5. The memos dated 31.12.2021 filed on behalf of appellant
and 1st respondent are taken on record.
6. The civil miscellaneous appeal is accordingly disposed of in
terms of the memos filed on behalf of the appellant and
1st respondent. The interim orders granted earlier stand vacated.
___________________
P. NAVEEN RAO, J
___________________
P. SREE SUDHA, J
Date:31.12.2021
Note:- Issue C.C. by 04.01.2022.
(B/o)
KH
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
AND
THE HON'BLE SMT JUSTICE P. SREE SUDHA
CIVIL MISCELLANEOUS APPEAL No.1217 OF 2018
Date:31.12.2021
KH
