Telangana High Court
Meer Amjad Ali vs Akireddy Yadagiri on 21 January, 2025
Author: P.Sam Koshy
Bench: P.Sam Koshy
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE NAMAVARAPU
RAJESHWAR RAO
I.A.No.1 OF 2024 IN/AND A.S.No.1121 OF 2016
COMMON: (per Hon'ble Sri Justice P.Sam Koshy)
Heard Mr. Y. Neelakanta Reddy, learned counsel,
representing Mr. V.Ravi Kiran Rao, learned Senior Counsel for the
appellants. Perused the record.
2. The present appeal has been filed assailing the judgment
and decree dated 19.04.2016 in O.S.No.62 of 2013 passed by the
learned V-Additional District Judge, at Karinagar.
3. Vide the said impugned judgment, the suit for specific
performance of agreement of sale dated 09.09.2011 was decreed in
favour of the plaintiff. The present was an appeal filed by the
defendant. Pending the appeal before this Court, it is seen that the
parties have compromised and the matter was sent for Lok Adalat
convened on 14.12.2024 wherein all the parties entered appearance
and the following Memorandum of Settlement was arrived at
between the parties. The terms and conditions of the settlement are
reproduced hereunder:
2
"(a) The Appellant Nos. 2 to 5 herein have agreed to part with 0-
19 guntas (Nineteen Guntas) of land out of 0-63 guntas i.e. Ac. 1-
23 guntas in Sy.No.659 situated at Kothirampur, Karimnagar in
favour of Respondent in lieu of part sale consideration of
Rs.1,02,00,000/- (Rupees One Crore two lakhs) paid by the
Respondent on various dates to the Appellant No. 1 herein.
(b) The Respondent herein has agreed to take 0-19 guntas
(Nineteen Guntas) of land in Sy.No.659 situated at Kothirampur,
Karimnagar, in lieu of the part sale consideration of
Rs.1,02,00,000/ - (Rupees One crore two lakhs) paid by him to
the Appellant No. 1 herein.
(c) The Appellant Nos.2 to 5 herein have agreed to execute a
registered sale deed in respect of 0-19 guntas (Nineteen guntas)
in Sy. No. 659 situated at Kothirampur, Karimnagar in favour of
the Respondent or his nominee soon after disposal of the above
said appeal in terms, this Memorandum of Compromise Petition
filed in the Hon'ble High Court.
(d) The Respondent has agreed that he shall bear the Costs
towards Registration charges and Stamp duty etc., for obtaining
registered sale deed from the Appellant Nos. 2 to 5 in respect of
0-19 guntas (Nineteen guntas) is Sy.No.659 situated at
Kothirampur, Karimnagar in favour of Respondent herein.
(e) The Appellant Nos. 2 to 5 herein have also agreed to hand
over the possession of 0-19 guntas (Nineteen guntas) of land in
Sy.No.659 situated at Kothirampur, Karimnagar after leveling the
land by fixing boundary stones.
(f) The Respondent herein further agreed that he will not close
down the internal road of the subject property.
(g) The Appellant Nos. 2 to 5 herein further declare that Appellant
Nos. 2 to 5 herein, their legal heirs and successors will not have
any right, title and interest in respect of 0-19 guntas (Nineteen
guntas) in Sy.No.659 situated at Kothirampur which is to be
transferred by the Appellant Nos. 2 to 5 herein in favour of
Respondent by executing a registered sale deed in favour of the
Respondent herein or his nominee, the details of the schedule
property are specifically shown in Page No. 10 of the compromise
(annexure).
(h) The Appellant Nos. 2 to 5 herein further agreed that they
would not interfere in the property rights of the Respondent over
0-19 guntas (Nineteen guntas) of land in Sy.No.659 situated at
Kothirampur, Karimnagar in respect of which the Appellant Nos. 2
to 5 herein agreed to execute a registered sale deed in favour of
the Respondent in any manner.
(i) The Respondent herein has also agreed that he or his
successors, agents etc., would not interfere in the property rights
of the Appellant Nos.2 to 5 herein in respect of remaining extent
of 0-44 guntas (Forty-Four guntas) of land in Sy.No.659 situated
at Kothirampur, Karimnagar.
(j) Both the Appellant Nos. 2 to 5 herein and the Respondent
have filed this Memorandum of Compromise with their free will
and there is no coercion from anybody for filing this petition.
(k) Both the parties have physically verified the land and got
prepared a sketch map demarcating the property falling to their
respective shares along with the description of boundaries, extent
and measurements. Further both the parties agreed that the
sketch map annexed to this Memorandum of terms of
compromise may be read as part and parcel of this Memorandum
of Terms of Compromise".
4. The learned counsel for the appellants today enters appearance
and submits that since the parties have resolved their dispute by way
of settlement entered into between them before the Lok Adalat on
14.12.2024, the present appeal my be disposed of in terms of the said
settlement.
5. Given the said submission by the learned counsel for the
appellants and also taking into consideration the Award passed by the
Lok Adalat dated 14.12.2024, we are of the considered opinion that
the present appeal can be disposed of accordingly.
6. I.A.No.1 of 2024 and the appeal stands disposed of in terms
of the Memorandum of Settlement arrived at between the parties
before the Lok Adalat and reproduced hereinabove. Let the decree
be drawn in terms of the settlement. There shall be no order as to
costs.
Consequently, miscellaneous petitions pending, if any, shall
stand closed.
__________________
P.SAM KOSHY, J
___________________________________
NAMAVARAPU RAJESHWAR RAO, J
21.01.2025
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