Citation : 2021 Latest Caselaw 415 Tel
Judgement Date : 12 February, 2021
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No. 1 OF 2021 in/& F.C.A.No. 10 of 2017
and F.C.A. No. 187 of 2016
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. I.A.No.1 of 2021 has been moved by the appellants in
F.C.A.No.1 of 2017 (respondents in F.C.A.No. 187 of 2016) seeking
to place on record the Memorandum of Compromise dated
29.08.2020, wherein the parties have arrived at a comprehensive
settlement.
2. Learned counsel for the appellants states that under the
Memorandum of Compromise, the respondent (father of the
appellants No.2 and 3 and appellant in F.C.A.No.187 of 2016) has
paid a sum of Rs.1 Crore collectively to his daughters in full and final
settlement of their maintenance and any future claims against him.
Besides the sum of Rs.1 Crore, the respondent has executed and
registered two separate gift settlement deeds dated 05.01.2021 in
favour of the respondents No.2 and 3 respectively in respect of the
agricultural land situated in Tadipatri Village, Bhootpur Mandal,
Mahabubnagar District, as detailed in para 1 of the Memorandum of
Compromise and a sale deed dated 02.09.2020 in favour of the
respondent No.1 in respect of a flat situated in Red Hills, Hyderabad,
as detailed in para 6 thereof. The parties have also agreed that the
appellant No.1 (wife of the respondent) shall remain the absolute
owner of the agricultural land admeasuring Acs.15.04 guntas situated
in Tadipatri Village, Bhootpur Mandal, Mahabubnagar District.
Further, the parties have already withdrawn all their pending inter se
litigations.
3. Learned counsel for the appellants states that in view of the
aforesaid comprehensive settlement, nothing survives for adjudication
in the present appeals.
4. Mr. M.A.K.Mukheed, learned counsel for the
respondent/husband, on instructions from his client, who is present in
the virtual hearing, confirms the terms and conditions recorded in the
said Memorandum of Compromise and states that he has no objection
to the same being taken on record and the present appeals being
disposed of in terms thereof.
5. We have heard the learned counsel for the parties. The
appellants No.1 to 3 and the respondents have logged into the hearing
and confirmed the settlement recorded in the Memorandum of
Compromise dated 29.08.2020 out of their own free will and volition
and without any undue pressure or coercion from any quarters. They
state that they shall abide by the terms and conditions of the
settlement and request that the present appeals may be disposed of in
terms thereof.
6. Accordingly, I.A.No. 1 of 2021 is allowed, the Memorandum of
Compromise is taken on record while binding the parties to the
conditions recorded therein. Both the appeals are disposed of along
with the pending applications, if any.
_________________ HIMA KOHLI, CJ
______________________ B. VIJAYSEN REDDY, J
12.02.2021 Lur
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