Telangana High Court
Smt. K.Rupakala vs Smt. Indrapanti Sarala, on 27 April, 2023
Bench: M.G.Priyadarsini
THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
I.A. No. 2 of 2023
IN/AND
A.S. No. 1017 of 2013
COMMON JUDGMENT:
The present appeal is filed by the defendant No. 5 against the
judgment and decree dated 19.11.2012 made in O.S. No. 59 of 2012 on
the file of the Additional District and Sessions Judge, Vikarabad, Ranga
Reddy District. By the impugned judgment, the learned trial Court
decreed the suit by allotting 1/9th share to the plaintiffs in respect of
the suit schedule property.
During pendency of the appeal, the plaintiffs (respondent Nos. 1
to 5 in the appeal) filed I.A. No. 1 of 2023 to record the
abandonment/withdrawal of 1/8th claim each of the respondent Nos. 1
to 5. The said I.A. was ordered on 25.04.2023. The said order reads
thus:-
"This application is filed by the respondent Nos. 1 to 5 in the appeal
(plaintiffs) requesting the Court to record the abandonment/withdraw of their
1/8th share/claim each in favour of appellant, respondent No. 1 herein, in
respect of part of the suit property i.e., agricultural land in Sy.No.98, to an
extent of Ac.2.32½ gts., situated at Nagireddyguda Village, Moinabad
Mandal, Ranga Reddy District. A copy of Memorandum of Understanding is
filed along with the petition.
As seen from the MOU, dated 22.03.2023, the petitioners, respondent
Nos. 1 to 5 in the appeal, had entered into an understanding with the
appellant, respondent No. 1 herein to abandon/withdraw their 1/8th each
claim in part of the suit property i.e., Sy.No.98 to an extent of Ac.2.32½ gts.,
situated at Nagireddyguda Village, Moinabad Mandal, Ranga Reddy District
in favour of the appellant, respondent No. 1 herein, for which, the appellant
agreed to pay a sum of Rs.55,00,000/- to the petitioners herein. Out of the
said amount, Rs.15,00,000/- was agreed to be paid through the D.Ds.;
Rs.10,00,000/- by way of cash at the time of ordering the present application.
The remaining balance of Rs.30,00,000/- was agreed to be paid by the
defendant No. 5 to the plaintiffs at the time of recording of compromise of O.S.
No. 38 of 2019 pending on the file of Junior Civil Judge, Chevella.
Today, the petitioners are present in the Court along with their Aadhar
Cards. They are identified by their counsel. Sri B. Chinnapa Reddy, the
learned counsel representing the appellant, on instructions from the appellant,
has handed over the Demand Draft Nos. 881935, 881936, 881937, 881938,
881939 drawn for Rs. 3,00,000/- each, dated 04.03.2023 along with cash of
Rs.10,00,000/- to the petitioners.
Hence, the I.A. is ordered recording the abandonment/relinquishment of
claim of petitioners to the extent of 1/8th claim each in favour of appellant,
respondent No. 1 herein, in respect of part of the suit land i.e., agricultural
land in Sy. No. 98, to an extent of Ac.2.32 ½ guntas, situated at
Nagireddyguda Village, Moinabad Mandal.
Post the appeal on 27.04.2023."
2 MGP,J
I.A. No. 2 of 2023
IN/AND
A.S. No. 1017 of 2013
Now, the appellant (defendant No. 5) filed the present application
i.e., I.A. No. 2 of 2023 contending that in view of the orders passed in
I.A. No. 1 of 2023 basing on the MOU entered between the parties, no
further adjudication is required in the appeal and prayed for disposal of
the appeal in terms of the orders passed in I.A. No. 1 of 2023, dated
25.04.2023.
In view of the above and having regard to the compromise arrived
at between the parties vide order dated 25.04.2023, the I.A. No. 2 of
2023 is ordered.
Consequently, A.S. No. 1017 of 2013 stands disposed of in terms
of the orders passed in I.A. No. 1 of 2023 dated 25.04.2023, which was
disposed of basing on Memorandum of Understanding entered between
the parties. No order as to costs.
Registry is directed to draft the decree in terms of the orders
passed in I.A. No. 1 of 2023. A copy of MOU entered between the
parties be appended to the decree.
Miscellaneous petitions, pending if any, shall stand closed.
_______________________________
JUSTICE M.G. PRIYADARSINI
27.04.2023
tsr/gms
Note:
Issue CC by tomorrow.
B/o.
tsr/gms
3 MGP,J
I.A. No. 2 of 2023
IN/AND
A.S. No. 1017 of 2013
THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
I.A. No.2 of 2023
IN/AND
A.S. No. 1017 of 2013
DATE: 27-04-2023
Note:
Issue CC by tomorrow.
B/o.
tsr/gms
