Shaik Rahamathulla vs D.Srinivas Reddy
2023 Latest Caselaw 1869 Tel

      THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

                      I.A.No.1 OF 2023 IN/AND
                          A.S.NO.10 OF 2009

COMMON JUDGMENT:

      Appellants and respondents are present. Learned counsel

for both parties are present and they are identified by their

respective counsel.

2. This appeal is filed aggrieved by the judgment and decree

dated 17.10.2008 in O.S.No.19 of 2006 passed by the III Additional

District and Sessions Judge (Fast Track Court) at Medak.

3. During the pendency of the appeal, both parties have

filed I.A.No.01 of 2023 under Order XXIII Rule 3 of the Code of Civil

Procedure to record the terms of compromise and dismiss the

appeal by confirming the judgment and decree dated

17.10.2008 in O.S.No.19 of 2006 passed by the III Additional District

and Sessions Judge (FTC) at Medak. 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 appeal, the I.A.No.1_2023 in/and AS No.10_2009

matter has been settled amicably between the appellants and

respondents on the following terms and conditions:

i) That in pursuance of the understanding between the

parties, the respondents herein paid a sum of Rs.75,00,000/-

which includes Rs.17,28,927/- being the balance sale

consideration as per the agreement of sale dated 09.11.2005

together with interest from the date of agreement which is

agreed by the appellants and the appellants acknowledged the

receipt of above said amount towards full and final settlement of

all their claims and the appellants have no further claims in

respect of suit A and B Schedule properties.

ii) That in view of the receipt of the above amount, the

appellants have agreed to execute a registered sale deed in

favour of the respondents or their nominees in respect of suit

schedule A and B properties and shall deliver the vacant

physical possession within two months from this day and further

agreed to handover the original title deeds and link documents.

iii) The appellants shall not claim any further amounts from

the respondents apart from the amount referred above.

I.A.No.1_2023 in/and AS No.10_2009

iv) The appellants shall cooperate with the respondents in

executing a registered sale deed in favour of the respondents or

their nominees in respect of the suit properties and shall also

cooperate for the mutation of the names of the respondents in

the revenue records by signing such applications affidavits as

required.

v) The parties herein agreed to complete the above process

within a period of two months from today.

vi) The appellants hereby confirm that they, their legal heirs

and any other agents claiming through the appellants herein

shall not have any right, title, interest or claim in the suit

properties.

vii) In view of the above compromise the judgment and

decree dated 17.10.2008 passed in O.S.No.19 of 2006 by the III

Additional District and Sessions Judge (FTC) at Medak will prevail

and shall be binding on all the parties hereto.

viii) The appellants herein shall be defending and contesting

both the suits filed by the third parties i.e. O.S.No.10 of 2020 and

O.S.No.10 of 2022 both are pending on the file of Principal District I.A.No.1_2023 in/and AS No.10_2009

and Sessions Judge and all the expenses arising out of the said

suits shall be borne by the appellants herein.

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, I.A.No.01 of 2023 is ordered.

Consequently, the Appeal is dismissed, 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.

___________________________ JUSTICE A.SANTHOSH REDDY Date: 04.05.2023 ns

Note:

C.C. by tomorrow b/o.

ns