Citation : 2022 Latest Caselaw 2948 Tel
Judgement Date : 21 June, 2022
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
I.A.No.1 of 2022
In/and
APPEAL SUIT No.424 of 2010
JUDGMENT :
1. Both the parties have filed I.A.No.1 of 2022, containing the
terms of compromise. Both parties admit that they have settled the
matter amicably and prayed for disposal of appeal in terms of the
compromise signed by them today i.e. 21.06.2022.
2. Both the parties are present in person and they have been
identified by their respective Counsel. Their identity is confirmed
by this Court with reference to their Aadhaar cards and their
signatures on the terms of compromise are also compared with
their signatures available on record.
3. The terms of compromise include that as per the directions
of this Court dated 09.10.2012, the appellant had deposited a sum
of Rs.5,00,000/- which is lying in Fixed Deposit before the
Principal Senior Civil Judge's Court, Warangal in CCD. Account
in E.P.No.111 of 2010 in O.S.No.140 of 2007 in the name of the
GAC, J A.S.No.424 of 2010
appellant and the said FDR amount is doubled. The respondent
agreed to receive the FDR amount of Rs.5,00,000/- along with
interest accrued thereon from 2012 till realization of the FDR and
agreed to return/refund a sum of Rs.2,50,000/- to the appellant i.e.
part interest amount from the FDR amount of Rs.5,00,000/-. The
terms of compromise also disclose that the appellant also agreed to
receive the said sum of Rs.2,50,000/- after encashment of the FDR
amount which is lying in the CCD account of the trial Court i.e.
Principal Senior Civil Judge at Warangal (Now Principal Senior
Civil Judge's Court, Hanumakonda) in E.P.No.111 of 2010 in
O.S.No.140 of 2007 which is in the name of the appellant.
4. As per the terms of compromise, the respondent has issued a
post-dated cheque for Rs.2,50,000/- in favour of the appellant,
drawn on Indian Overseas Bank, Hanamkonda Branch vide Cheque
No.024730, dated 16.08.2022 from his savings account, which will
be honored after the respondent receives payment from the CCD
account of the trial Court.
GAC, J A.S.No.424 of 2010
5. In view of the above, I.A.No.1 of 2022 is allowed and the
Appeal Suit is disposed of in terms of the Compromise, dated
21.06.2022 entered between the parties. The terms of Compromise
shall form part of the decree.
6. Pending miscellaneous applications, if any, shall stand
closed.
_________________________________ G. ANUPAMA CHAKRAVARTHY, J
Date: 21.06.2022
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