N. Gopal Naidu, vs M/S. Name Estates Private ...
2021 Latest Caselaw 2866 Tel

     THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI

                     S.A.M.P.No.1517 of 2015
                               &
                       S.A.No.727 of 2013

JUDGMENT:-


      This Second Appeal No.727 of 2013, under Section 100 of

C.P.C., is filed by the appellants/unsuccessful defendants, assailing

the decree and judgment dated 26.09.2012, of the learned IV

Additional District Judge (FTC), Siddipet & FAC - VI Additional

District Judge, Siddipet, Medak District, passed in A.S.No.13 of

2008, whereby, the learned Additional District Judge, while

dismissing the said appeal, had confirmed the decree and

judgment, dated 12.09.2007 of the learned Senior Civil Judge, at

Siddipet, Medak District, passed in O.S.No.30 of 1999.


2.   S.A.M.P.No.1517 of 2015 is filed by both the parties along with
the memorandum of compromise, praying to record the compromise
entered into between the parties and to dispose of the second

appeal in terms of the compromise by setting aside the judgments of

both the Courts below.


3.    When the matter is taken up for hearing, the learned counsel
for both the parties have stated that the parties, i.e., the

appellants/defendants and the sole respondent/plaintiff have settled

the matter amicably and that the terms of settlement are reduced

into writing in the memorandum of compromise dated 18.08.2015 filed before this Court along with S.A.M.P.No.1517 of 2015 and

requested to record the compromise and dispose of the second appeal in terms of compromise.

4. I have heard the submissions of the learned counsel for the appellants/defendants and the learned counsel for the sole

respondent/plaintiff and perused the material record.

5. The appellants/defendants 1 to 4 are present before this Court

today. The respondent/plaintiff is represented by her son and GPA Holder, who is permitted to represent her as per the orders passed

today by this Court in SAMP (SR) No.28257 of 2015. The appellants and the GPA holder of the sole respondent are identified

by their respective counsel and they have produced the copies of documents showing their identities. When examined by this Court, they have stated that they have entered into compromise voluntarily

with free will and consent and without any pressure from any quarter and had admitted the terms of compromise before this Court.

6. Since this Court is satisfied that the compromise was entered into by both the parties with free will and consent and without any pressure from any quarter and since the parties have admitted the terms of compromise before this Court, the compromise is recorded.

7. Accordingly, S.A.M.P.Nos.1517 of 2015 is allowed and

S.A.No.727 of 2013 is disposed of in terms of compromise by setting aside the decrees and judgments of both the Courts below. The memorandum of compromise shall form part of the decree. The parties are entitled for refund of Court fee as per the rules.

Consequently, miscellaneous petitions pending, if any, also stand disposed of. There shall be no order as to costs.

_______________________ M. Seetharama Murti, J

19th August, 2015 Bvv