Telangana High Court
Miss.Shammem Sultana vs Smt.Salma,Saleema Begum on 19 February, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
I.A.No.1 of 2025
in/and
SECOND APPEAL No.926 of 2014
JUDGMENT:
This Second Appeal is filed challenging the judgment
and decree, dated 23.11.2010, in A.S.No.5 of 2010 on the file
of learned Senior Civil Judge, Bodhan, Nizamabad District,
wherein the decree and judgment passed by learned Junior
Civil Judge, Banswada, in O.S.No.12 of 2003, dated
31.05.2010, was party allowed .
2. O.S.No.12 of 2003 was filed by appellants/plaintiffs for
declaration that plaintiffs are the legal heirs of the deceased
Mohammed Basheeruddin and that they are entitled for the
service benefits and for consequential directions to defendant
Nos.4 to 6 (respondent Nos.4 to 6 herein) to release gratuity,
provident fund etc. to plaintiffs and to restrain the defendant
Nos.4 to 6 (respondent Nos.4 to 6 herein) from releasing the
service benefits in favour of defendant Nos.1 to 3 (respondent
Nos.1 to 3 herein).
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SA_926_2014
3. I.A.No.1 of 2015 is filed seeking permission to allow the
second appeal based on the terms of compromise entered by
defendants (Nos.1 and 3) (respondent/defendant No.2 died)
and plaintiffs and to direct defendant Nos.4 to 6 to release the
retirement benefits of the deceased late Mohammed
Basheeruddin.
4. Memorandum of Understanding entered between the
appellants/plaintiffs and respondent Nos.1 and 3 (defendant
Nos.1 and 3) is filed as an annexure to I.A.No.1 of 2025. It is
observed from the Memorandum of Understanding entered on
12.12.2024 that parties have entered into compromise with
certain terms and conditions. The parties have attested their
signatures and learned counsel for appellants and respondent
Nos.1 and 3 also attested their signatures.
5. On the last occasion, when the matter was called,
learned counsel(s) appearing on both sides submitted that
appellants and respondent Nos.1 and 3 intend to compromise
the matter and filed I.A.No.1 of 2025 to that extent. It is also
submitted that respondent No.2 (Mr. Qaderuddin) died and
that he does not have any issues. This Court directed the
JAK, J
SA_926_2014
parties to appear before the High Court Legal Services
Committee for identification along with their counsels.
6. A report is submitted by High Court Legal Services
Committee that parties appeared before the Committee and
were duly identified in the presence of their counsels and both
parties willfully, without coercion, entered into compromise.
7. In view of the affidavit and memorandum of
understanding filed along with I.A.No.1 of 2025 and the report
of the High Court Legal Services Committee, this Court is of
the opinion that no further orders need to be passed in this
matter. The matter is liable to be disposed of in terms of the
compromise entered i.e., memorandum of understanding.
8. Accordingly, I.A.No.1 of 2025 is ordered and the second
appeal is disposed of in terms of the compromise entered. No
order as to costs.
Miscellaneous applications pending, if any, shall stand
closed.
____________________________
ANIL KUMAR JUKANTI, J
Date: 19.02.2025
KRR
