Rajeshwar Rao Died Per L.Rs vs The Joint Collector
2021 Latest Caselaw 1999 Tel

Item No.50

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

          I.A.No.1 of 2021 IN/AND W.A.No.1035 of 2010

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    I.A.No.1 of 2021 has been moved by the appellants No.2 to 7

and the private respondents Nos.5 to 8, who are related to each other

stating inter alia that during the pendency of the appeal, the parties

have arrived at a settlement, as recorded in the Memorandum of

Compromise dated 09.06.2021, copy whereof has been enclosed with

the application.

2. In terms of the comprise, a sum of Rs.12 lakhs has been paid by

the appellants No.2 to 7 in favour of the respondent No.5, mother of

the respondents No.6 to 8 and the respondents No.5 to 8 have

admitted receipt of the said amount. In lieu thereof, they have

relinquished their right in respect of the lands mentioned in para 4 of

the Memorandum of Compromise. The respondents No.5 to 8 have

also acknowledged that the appellants Nos.2 to 7 are entitled

to Occupancy Rights Certificate in respect of the subject land.

The Memorandum of Compromise records that the aforesaid

compromise is without prejudice to the rights and claims, if any of the

respondent No.4, who had remained ex parte throughout the

proceedings.

3. In view of the fact that the aforesaid application has been

signed by the appellants No.2 to 7 and the respondents No.5 to 8 and

both parties state that their clients may be bound down by the said

settlement, which has been arrived at out of their own freewill and

volition and without any undue influence or coercion from any

quarter, the same is taken on record. The signatories to the

application shall remain bound down by the Memorandum of

Compromise.

4. Learned counsel for the appellants No.2 to 7 states that in view

of the settlement arrived at with the respondents No.5 to 8, she does

not wish to press the appeal against the respondent No.4. Ordered

accordingly. Learned counsel further states that the present appeal

may be disposed of in terms of the settlement arrived at between her

clients and the respondents No.5 to 8.

5. The present appeal and the interlocutory application are

disposed of along with the pending applications, if any, while binding

the signatories of the Memorandum of Compromise to the settlement

arrived at and recorded therein.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

05.07.2021 Lrkm/pln