Desham Bal Raju, vs Macha Bala Kistaiah,
2023 Latest Caselaw 617 Tel

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

                        I.A. No. 1 and 2 of 2023
                                 IN/AND
                          A.S. No. 547 of 2012

COMMON JUDGMENT:

      The present appeal is filed by the defendants against the

judgment and decree dated 05.01.2006 passed in O.S. No. 18 of 2006

on the file of the I Additional District Judge, Nalgonda.        By the

impugned judgment, the learned trial Court decreed the suit of the

plaintiff directing the defendants to execute a registered sale deed in

favour of the plaintiffs on receipt of balance sale consideration of

Rs.10,35,610/- within three months from the date of the judgment,

failing which, the plaintiff was granted liberty to get the sale deed

executed following due process of law. Pendente lite the proceedings,

upon the death of sole plaintiff, plaintiff Nos. 2 to 5 came on record as

his legal representatives.


      During pendency of the appeal, both the parties filed an

application i.e., I.A. No. 1 of 2023 to record the compromise entered

between the parties and to dispose of the appeal in terms of the

compromise.     A memorandum of compromise entered between the

parties, dated 01.02.2023 is appended along with the I.A.


      Further, I.A. No. 2 of 2023 is filed by appellant No. 1 (defendant

No. 1 in the suit) seeking permission for being represented through his

GPA Holder i.e., appellant No. 9, who is his son, as he is bedridden due

to paralysis. For the reasons stated in the accompanying affidavit filed

in support of the petition, I.A. No. 2 of 2023 is ordered permitting the
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appellant No. 1 for being represented through his GPA Holder,

appellant No. 9 in the appeal.


      Today the appellants and respondents are present and produced

their original Aadhar Cards. They are identified by their respective

counsel. In the compromise memo, it has been stated that due to the

intervention of the well wishers and relatives, the parties have

compromised the dispute on certain terms that are set forth in the

Memorandum of Compromise. When examined, both the parties

reiterated the contents of the Memorandum of Compromise and stated

that they got compromised the dispute and jointly prayed for dispose of

the appeal in terms of the said compromise.

In view of the above and having regard to the compromise arrived

at between the parties, the I.A. No. 1 of 2023 is ordered. The

Memorandum of Compromise shall form part of the record.

Consequently, A.S. No. 547 of 2012 stands disposed of in terms

of the Memorandum of Compromise entered between the parties. No

order as to costs.

Registry is directed to draft the decree in terms of the compromise

and a copy of the compromise memo be appended to the decree.

Miscellaneous petitions, pending if any, shall stand closed.

_______________________________ JUSTICE M.G. PRIYADARSINI 07.02.2023 tsr

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

I.A. NoS. 1 & 2 of 2023 IN/AND A.S. No. 547 of 2012

DATE:07-02-2023