Citation : 2025 Latest Caselaw 982 Tel
Judgement Date : 9 January, 2025
THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
A.S.No.66 OF 2011
JUDGMENT:
(per Hon'ble Sri Justice P.Sam Koshy)
Heard Sri P.V. Suryanarayana, learned counsel for the
appellants and Sri S. Ashok Anand Kumar, learned Senior
Counsel appearing for the respondents.
2. The present appeal is under Section 96 of C.P.C.
assailing the compromise judgment and decree, dated
28.04.2009 in O.S. No.34 of 2008. Vide the said compromise
decree passed against defendant Nos.1, 2 and 4, the
appellants herein, it was ordered that the
plaintiffs/respondents have to pay an amount of
Rs.29,28,281.25 ps., to appellants/defendant Nos.1, 2 and 4
each.
3. The present is defendants' first appeal challenging the
said compromise decree.
4. Today, when the matter is taken up for hearing, learned
counsel for appellants and learned counsel for respondents
entered appearance.
5. Learned counsel appearing for either side submit that
pending appeal before this Court, the parties seem to have
arrived at a settlement and the appellants do not intend to
pursue the appeal any further subject to clearing the decretal
amount by the plaintiffs/respondents to the
appellants/defendant Nos.1, 2 and 4 within three months
time.
6. The said condition put by the learned counsel for
appellants was acceptable to the learned Senior Counsel
appearing for the respondents/plaintiffs subject to the
respondents/plaintiffs adhering to the timeline as sought by
the respondents/plaintiffs.
7. In view of the said development that has been
transpired, the present appeal, at this juncture, stands
disposed of in terms of the said agreement agreed between the
parties. The respondents/plaintiffs shall ensure the payment
of Rs.29,28,281.25 ps., to each of the three appellants i.e.
defendant Nos.1, 2 and 4 respectively before the trial Court.
8. Accordingly, the appeal stands 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:09.01.2025
Note:
Registry is directed to draw the decree accordingly. B/o Bdr/Prv
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