Shree Siddivinayaka Agro ... vs Siddramaiah Swamy Died 5 Others
2023 Latest Caselaw 558 Tel

  THE HON'BLE SMT. JUSTICE M. G. PRIYADARSINI

          A.S. No.9 of 2005 & TRAS No. 354 of 2007
                             AND
          I.A. NO. 1 OF 2023 IN A.S. NO. 9 OF 2005

COMMON JUDGMENT:

     When these matters are taken up for hearing, both

the learned counsel appearing for the parties have

submitted that in view of Exchange Deed vide document

No. 9 of 2018, dated 30.12.2017 entered between the

parties, no further adjudication is required and prayed to

dispose of both the matters in terms of the said Exchange

Deed.

     The learned counsel for the appellant has also filed

I.A. No. 1 of 2023 in A.S. No. 9 of 2005 for receiving the

registered Deed of Exchange vide document No. 9 of 2018,

dated 30.12.2017.      The said I.A. is not opposed by the

respondents.     Therefore, the I.A. stands ordered and the

Deed of Exchange, dated 30.12.2017 shall form part of the

record.

In the circumstances, A.S. No. 9 of 2005 and TRAS

No. 354 of 2007 shall stand disposed of in terms of the

Exchange Deed entered between the parties, dated

30.12.2017. However, in view of the grievance of the

respondents in respect of road margins of the subject

property, they are at liberty to avail appropriate remedies

in the suit in O.S. No. 16 of 2021 pending on the file of the

Senior Civil Judge at Zahirabad. There shall be no order

as to costs.

Miscellaneous petitions pending, if any, shall stand

dismissed.

____________________________ JUSTICE M.G. PRIYADARSINI 02.02.2023 Tsr/gms

THE HON'BLE SMT. JUSTICE M. G. PRIYADARSINI

A.S. No.9 of 2005 & TRAS No. 354 of 2007 AND I.A. NO. 1 OF 2023 IN A.S. NO. 9 OF 2005

DATE: 02.02.2023