Abdul Jabbar vs Smt. Khairunnissa Begum
2022 Latest Caselaw 5917 Tel

     HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

          I.A.No.1 OF 2022 IN/AND S.A.No.23 OF 2019
                              &
          I.A.No.1 OF 2022 IN/AND S.A.No.32 OF 2019

COMMON JUDGMENT:

       Appellants and respondents in both the appeals are present.

Learned counsel for both parties are present and they are identified

by their respective counsel.

2. Vide order dated 26.09.2022, this court, after recording the

submissions made by learned counsel for the appellants and

respondents, directed the parties to appear before the High Court

Legal Services Committee on 10.10.2022 for their identification

and directed to list the matters after their identification. As one of

the parties failed to appear before the said Committee, this court

had again, on 18.10.2022, granted time to the parties to appear

before the said Committee on 29.10.2022. In compliance with the

order dated 18.10.2022, the Committee after verifying the aadhar

cards submitted by them, has submitted report dated 04.11.2022

stating that the identity of the parties is established.

3. The parties in both the appeals have filed applications i.e.,

I.A.No.1 of 2022 in S.A.No.23 of 2019 and I.A.No.1 of 2022 in

S.A.No.32 of 2019 to record compromise and to allow the appeals

by setting aside the judgment and decree dated 19.02.2010 in

O.S.No.1560 of 2006, on the file of the II-Additional Senior

Civil Judge, Ranga Reddy, at L.B.Nagar, which was confirmed in

A.S.No.91 of 2011 and A.S.No.202 of 2010, on the file of the

XIII-Additional District Judge, Ranga Reddy District, at L.B.Nagar

by judgment and decree dated 12.12.2007. They have also filed

joint memorandum of compromise. The same is taken on record.

4. It is stated by both parties in the joint memorandum of

compromise that during the pendency of the above appeals, with

the intervention of the elders, brothers and sisters i.e., appellants

and respondent Nos.1 to 4 in both the appeals negotiated and

settled the dispute. The appellants have agreed to give an amount

of Rs.30,00,000/-(Rupees thirty lakhs only) to each one of the

sisters towards full and final settlement and they have also agreed

and accepted the same and they also agreed to relinquish or

withdraw their claims in favour of appellants and all of them

entered into an MOU dated 18.09.2021 and supplementary MOU

dated 14.02.2022. The sisters in both the appeals received the

entire amount as per the MOU i.e., each of them received

Rs.30,00,000/- and they filed an affidavit stating that they have no

objection to set aside the decree and judgment in O.S.No.1560 of

2006, on the file of the II-Additional Junior Civil Judge, Rang

Reddy District, at L.B.Nagar and confirmed in A.S.No.91 of 2011

and A.S.No.202 of 2010, on the file of the XIII Additional District

Judge, R.R. District at L.B.Nagar.

5. In view of the settlement of the dispute between the parties

amicably outside the court in terms of the compromise arrived at

between them, the second appeals are allowed, in terms of the

joint memorandum of compromise, which shall form part of the

record. There shall be no order as to costs.

6. Miscellaneous applications, if any pending, shall stand closed.

_______________________ A.SANTHOSH REDDY, J 16.11.2022 Lrkm