Chintala Ajay Reddy vs Smt. Palle Andalu
2023 Latest Caselaw 842 Tel

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

                           I.A. No. 1 of 2023
                                 IN/AND
                          A.S. No. 759 of 2009

COMMON JUDGMENT:

      The present appeal is filed by the defendant No. 3 against the

judgment and decree dated 27.07.2009 made in O.S. No. 40 of 2004 on

the file of the Senior Civil Judge at Bhongir.         By the impugned

judgment, the learned trial Court decreed the suit of the plaintiff by

partitioning the plaint schedule item Nos. 1 to 4, 9 & 10 properties into

four equal shares and allotting one such share to the plaintiff and the

remaining three shares to the defendant Nos. 1 to 3 each apart from

awarding mesne profits and future mesne profits in favour of the

plaintiff. Pendente lite the proceedings, upon the death of respondent

No. 2, defendant No. 1 in the suit, respondent Nos. 4 to 8 came on

record as her legal representatives.

During pendency of the appeal, the appellant 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

10.02.2023 is appended along with the I.A. A map is attached with the

memorandum of compromise showing the allotment of lands to the

respective share of the parties specifically showing in different colours.

Today the appellant as well as the respondents are present in the

Court 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, 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. 759 of 2009 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 20.02.2023 gms

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

I.A. No. 1 of 2023 IN/AND A.S. No. 759 of 2009

DATE:20-02-2023