Pabba Bhim Shankar vs Pabba Ramchander And Another
2022 Latest Caselaw 6603 Tel

Citation : 2022 Latest Caselaw 6603 Tel
Judgement Date : 8 December, 2022

Telangana High Court

Pabba Bhim Shankar vs Pabba Ramchander And Another on 8 December, 2022

Bench: P Naveen Rao, J Sreenivas Rao

                             -1-


            HON'BLE SRI JUSTICE P.NAVEEN RAO
                           AND
           HON'BLE SRI JUSTICE J.SREENIVAS RAO

     C.C.C.A. NO.19 OF 2022 AND A.S. NO.26 OF 2022

                   Date: 08.12.2022
CCCA NO. 19 OF 2022

Between:

State Bank of India, Commercial Branch,
Rep. by its Chief Manager.

                                   .....Appellant/Defendant No.2
    And

Pabba Ramchander, S/o. P. Shiva Rajaiah
Occ : Business, aged about 48 years,
R/o. H.No. 1-7-270, Behind Hotel Abhiruchi,
S.D. Road, Secunderabad - 500 003.

                                          ...Respondent/Plaintiff

Pabba Bhim Shankar, S/o. P. Shiva Rajaiah Aged about 54 years, Occ : Managing Director, Sree Ramana Process Pvt. Ltd., R/o. Flat No.301, Super West Apartments, Steet No.01, Road No.10, West Marredpally, Secunderabad.

.....Respondent/Defendant No.1

A.S. NO.26 OF 2022

Between:

Pabba Bhim Shankar, S/o. P. Shiva Rajaiah Aged about 47 years, Occ : Managing Director, Sree Ramana Process Pvt. Ltd., R/o. Flat No.301, Super West Apartments, Steet No.01, Road No.10, West Marredpally, Secunderabad.

.....Respondent/Defendant No.1

And

Pabba Ramchander, S/o. P. Shiva Rajaiah Occ : Business, aged about 48 years, R/o. H.No. 1-7-270, Behind Hotel Abhiruchi, S.D. Road, Secunderabad - 500 003.

...Respondent/Plaintiff

State Bank of India, Commercial Branch, Rep. by its Chief Manager.

.....Appellant/Defendant No.1

The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE J.SREENIVAS RAO

C.C.C.A. NO.19 OF 2022 AND A.S. NO.26 OF 2022

COMMON ORDER: (Per Hon'ble Sri Justice P.Naveen Rao)

Aggrieved by the Judgment and decree in OS. No. 96 of

2014 dated 27.09.2021 passed by the XXVII Additional Chief

Judge, City Civil Court, Secunderabad, CCCA No. 19 of 2022 is

filed by the State Bank of India and A.S. No.26 of 2022 is filed by

defendant No.1. During the pedency of these appeals against

THE order in Criminal Petition No.2640 of 2016 dated

26.09.2018 passed by this Court, SLP (Criminal) No. 1830 of

2019 was filed before the Hon'ble Supreme Court by appointing

Mediator. The parties resolved their disputes and entered into

Settlement Agreement and the same was recorded by the

Mediator at Mediation Center. The plaintiff and defendant No.1

have filed joint memo before this Court vide USR.No.109140 by

enclosing the copy of the Settlement Agreement.

2. Learned counsel representing the respective parties

informs the Court that as directed by the Hon'ble Supreme

Court, this Court is required to record the terms of settlement

entered by the parties and dispose of the appeals.

Clause 9.1 and 9.2 of the Settlement Agreement reads as

under:

"9.1. That within 8 weeks from the date of present settlement, initially the Party No.2 has agreed to jointly sign all the Petition(s) and document(s) demanded by the State Bank of India, Commercial Branch, Secunderabad for releasing the title deed(s)/sale deed No.823/2007 dated 04.05.2007 as well as Original Registered Sale Deed No.596/1959 as well as Original Sanctioned Plan GHMC and Permit No.21/3 dated 21.01.2010 which was mortgaged with the bank vide mortgage arrangement dated 23.10.2010 of Schedule Property and hand over the same to the Party No.1.

9.2. That in addition to 9.1., Party No.2 within 8 weeks has agreed to file a joint petition with the Party No.1 before the Hon'ble High Court of Telangana in C.C.C.A. No.19 of 2022 filed by the State Bank of India before the Hon'ble High Court, for release of Original title deed/sale deed No.823/2007 dated 04.05.2007 as well as Original Registered Sale Deed No.596/1959 as well as Original Sanctioned Plan GHMC and Permit No.21/3 dated 21.01.2010 in favour of the Party No.1 which was mortgaged with the bank vide mortgage arrangement dated 23.10.2010".

3. As per Clause 9.1 and 9.2 of settlement of agreement, the

State Bank of India is required to return the original documents

mentioned in Clause No.9.1. As per Clause 9.2 the plaintiff and

defendant No.1 have to jointly sign all the required documents

as required by State Bank of India, Commercial Division,

Secunderabad for releasing the documents as mentioned in

Clause 9.1. The documents would be released in favour of

plaintiff only. In Clause 9.5, it is recorded that party No.2 who is

appellant in A.S.No.26 of 2022 shall withdraw the appeal. On

the joint memo filed by respondents 1 and 2 in CCCA No.19 of

2022 and appellant and 1st respondent in A.S. No.26 of 2022 is

taken on record.