Telangana High Court
Smt. Kamalamma vs Pasham Satyanarayana Reddy on 7 January, 2025
Author: P.Sam Koshy
Bench: P.Sam Koshy
THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
I.A. No.1 of 2024
in/and
A.S.No.285 OF 2021
JUDGMENT:
(per Hon'ble Sri Justice P.Sam Koshy)
Heard Sri V. Venkata Mayur, learned counsel for the
appellant and Sri Srinivas Polavarapu, learned counsel for the
respondents.
2. Learned Counsel for the petitioner/appellant by filing
the above I.A. prays for disposal of the above appeal in terms
of the compromise arrived at between the parties.
3. On the previous date of hearing i.e. on 02.01.2025, this
Court has referred the matter to the Secretary, High Court
Legal Services Committee, who in turn shall identify the
parties and record the compromise arrived at between the
parties. The parties had entered appearance before the
Secretary, High Court Legal Services Committee, and who in
turn submitted a report on 02.01.2025 itself.
4. The present first appeal under Section 96 of C.P.C. was
filed challenging the judgment and decree dated 15.11.2019
passed in O.S. No.1012 of 2012. The suit filed by the plaintiff
for partition and separate possession, was dismissed by the
trial Court. Against which, the present appeal has been filed.
Pending appeal before this Court, the parties have now
entered into a compromise by Memorandum of Compromise
in November 2024. The terms of the compromise are
re-produced hereunder:
"A) The Parties No.2 to 4 agreed to give Item No.II of
Schedule-D Property of the Suit i.e., House bearing Gram
Panchayat No.5-106, admeasuring 260 Sq. Yards
situated Medchal Village and Mandal, Ranga Reddy
District now Medchal-Malkajgiri District to Party No.1
herein. Thus the Party No.1 shall enjoy the said property
with absolute right as owner from the date of recording of
this Compromise Memo. The Parties No.2 to 4 or their
Legal Heirs, Representatives, Assignees etc., shall not
raise any claim or interest over the above said Item in
future. The Parties No.2 to 4 will cooperate with Party
No.1 to get her name mutated in the Property Tax
Register, in the Electricity and Water Department records.
From the date of recording the Compromise the Party No.1
has to pay Taxes, Charges or other levies to the
concerned Department.
B) The Parties No.2 to 4 will get jointly the properties
described in Schedule-A, Schedule-B and Schedule-C and
Item No.1 of Schedule-D of the Suit Schedule Properties.
The Party No.1 or her Legal Heirs, Representatives,
Assignees etc., shall not raise any claim or Interest over
those items in future. The Party No.1 will cooperative with
Party Nos.2 to 4 to get their names mutated in the
Revenue Records as well as the Property Tax Register
maintained by the Gram Panchayat and also in the
Electricity and Water Works records.
C) The Parties shall bear the cost of the Litigation and
also for mutation of their names in the Records. Likewise,
if any Stamp Duty and Registration Chargers are liable to
be paid on any document or instrument or decrees, the
same has to be borne by the Parties as per the value of
the properties allotted to the parties.
D) The parties agreed to get the Appeal disposed of in
terms of the Compromise Memo by modifying the Decree
passed by the Trial Court in O.S.No.1012 of 2012, dated
15-11-2019 and prays the Honourable Court to pass a
Final Decree in terms of the Compromise Memo."
5. In terms of the compromise entered into between the
parties, which have been re-produced in the preceding
paragraph, the present appeal stands disposed of in terms of
the aforesaid terms and conditions of the compromise.
6. Accordingly, the application is ordered. Consequently,
the appeal is disposed of. 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
Date:07.01.2025
Note:
Registry is directed to draw the decree accordingly.
B/o
Bdr/Prv
THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
in/and
A.S.No.285 OF 2021
07.01.2025
Bdr/Prv
